Patna High CourtCR. MISC./54704/2017allowed

Rakesh Mishra v. The State Of Bihar

2017-12-01Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.54704 of 2017 (2) dt.01-12-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54704 of 2017 Arising Out of PS.Case No. -76 Year- 2017 Thana -SIMRIBAZAR District- DARBHANGA ======================================================

1. Rakesh Mishra, Son of Yogi Mishra @ Bhogi Mishra, Resident of Village- Kansi, Police Station- Simri and District- Darbhanga. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Kumar No-2, Adv. For the Opposite Party/s : Mr. Pranav Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 01-12-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Simri Police Station Case No. 76 of 2017, disclosing offences under Sections 147, 148, 188, 447, 332, 333, 337, 338, 353, 427, 307 and 120(B) of the Indian Penal Code. Learned counsel for the petitioner has submitted that there is general and omnibus allegation against the petitioner and no specific overt act is attributed to him. In fact, the petitioner was not present at the time of occurrence and he has been named only with an oblique motive. Moreover, co-accused, Praveen Kumar Chaudhary, having more of less similar allegation has already been granted anticipatory bail by a co-ordinate Bench of

Patna High Court Cr.Misc. No.54704 of 2017 (2) dt.01-12-2017 this Court in Cr. Misc. No. 49299 of 2017. Hence, the petitioner deserves the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga, in connection with Simri Police Station Case No. 76 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T