Ravindra Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51522 of 2024 Arising Out of PS. Case No.-354 Year-2023 Thana- SIKANDRA District- Jamui ====================================================== Ravindra Mishra Son of Late Ramotar Mishra Resident of Lahila, Police Station - Sikandra, District - Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Ruchi Mandal, Adv.

Mrs. Dimpal Kumari, Adv.

For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam, APP.

Mr. Sudhanshu Trivedi, Adv.

Mr. Vivek Anand Amritish, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-08-2024 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant.

2. The petitioner seeks bail in connection with Sikandra P.S. Case No. 354 of 2023, registered for the offence punishable under Sections 147, 148, 149, 380, 302, 504, 506 of the IPC.

3. The allegation levelled against the petitioner is that he along with other co-accused persons assaulted the informant's side brutally. It is further alleged that petitioner assaulted the father of the informant, namely, Devendra Mishra on his head by means of iron rod, as a result, he died on the spot.

4. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.51522 of 2024(2) dt.09-08-2024 2/3 that the petitioner is quite innocent and has committed no offence. No such occurrence as alleged has ever taken place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is totally false and based on concocted facts. The deceased Devendra Mishra was own brother of the petitioner. There is property related dispute between the parties. She further submits that there is no eye witness to the alleged occurrence. The name of the petitioner has been transpired in the present case merely on suspicion. Though there is serious allegation against the petitioner to assault the informant's father by means of iron rod on his head due to which he died on spot, but the postmortem report of the deceased has not supported the prosecution case. Petitioner has no criminal antecedent and he is in custody since 21.10.2023.

5. Learned APP for the State as well as learned counsel for the informant opposes the prayer for bail. Learned counsel for the informant submits that there is direct allegation against the petitioner to assault the father of the informant by means of iron rod on his head, as a result, he died on spot. He further submits that the murder of the informant's mother has also been committed during the course of the alleged occurrence.

Patna High Court CR. MISC. No.51522 of 2024(2) dt.09-08-2024 3/3

6. Considering the nature of the offence as well as the fact that two murders are involved in the present case, I am not inclined to enlarge the petitioner on bail. The prayer for bail of the petitioner is hereby rejected.

7. Accordingly, the application stands dismissed. (Anjani Kumar Sharan, J) divyanshi/- U T