← Library
Patna High CourtCR. MISC./41639/2017rejected

Sanjiv Mishra @ Sanjiv Kumar v. The State Of Bihar

2017-09-19Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41639 of 2017 Arising Out of PS.Case No. -70 Year- 2017 Thana -PARWATTA District- KHAGARIA ======================================================

1. Sanjiv Mishra @ Sanjiv Kumar Son of Ravindra Mishra Resident of Village- Kanhaiya Chak, Police Station- Parbatta, District- Khagaria. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ravi Shanker Pankaj For the Opposite Party/s : Mr. Smt. Sahin Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 19-09-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Parbatta P.S.Case No. 70 of 2017 registered under Sections 147, 149, 323, 324, 224, 307, 337, 379, 353, 333, 427 and 504 of the Indian Penal Code.

Considering the nature of allegation that when the police arrested the petitioner in connection with a case he raised alarm on which several persons assembled and they not only manhandled the police force but also tried to snatch the rifle of the police and one co-accused Chanakya @ Chanti took out a knife from his pocket and caused injury upon thigh of the informant, I am not inclined to grant pre-arrest bail to the petitioner.

Patna High Court Cr.Misc. No.41639 of 2017 (2) dt.19-09-2017 2/2 Accordingly, the application preferred under Section 438 of the Code of Criminal Procedure is rejected.

In case the petitioner surrenders and seeks bail, the same shall be considered by the court below in accordance with law without being prejudiced by the order of this Court. (Ashwani Kumar Singh, J) Pradeep/- U T