Luv Kush Mishra @ Luv Kumar Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60441 of 2024 Arising Out of PS. Case No.-214 Year-2023 Thana- LAHERIMUHALLA District- Nalanda ====================================================== Luv Kush Mishra @ Luv Kumar Mishra S/o Awadh Mishra R/o VillagePariauna P.S.-Noorsarai District-Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Jiban Pd. Singh, Adv.
For the Opposite Party/s :
Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 342, 323, 324, 325, 307, 337, 338, 332, 333, 353, 504, 506, 153A, 295, 379, 380, 435, 436, 427, 109 and 120B of the I.P.C. and under Section 27 of the Arms Act.
3. As per the prosecution, the F.I.R. has been lodged against 79 named and 500 unknown accused persons alleging therein that they all tried to disturb the communal harmony during Ramnavmi procession by raising provocative slogans, pelting stones, firing against each other and damaging the public property.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He further
Patna High Court CR. MISC. No.60441 of 2024(2) dt.04-09-2024 2/2 submits that the petitioner is named in the F.I.R. but there is no specific allegation against him. He further submits that the antecedent of the petitioner is clean and he has been made accused only due to this reason that he is a renowned personality of the locality. He further submits that one of the coaccused persons has been granted bail by this Court vide order dated 11.08.2023 passed in Cr. Misc. No. 48677 of 2023.
5. Learned A.P.P. for the State opposes the prayer for bail and submits that it is true that one similarly situated person has been granted bail.
6. In the present facts and circumstances of the case and the submissions made above, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty Thousand Only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nalanda at Biharsharif, in connection with Laheri P.S. Case No. 214 of 2023, dated 31.03.2023 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dr. Anshuman, J) sadique/- U T