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Patna High CourtCR. MISC./45063/2015bail granted

Umesh Mishra v. The State Of Bihar

2015-10-16Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45063 of 2015 Arising Out of PS.Case No. -102 Year- 2015 Thana -NAUTAN District- SIWAN ====================================================== Umesh Mishra Son of Rameshwar Mishra Resident of village - Hasua, P.S. Nautan, District - Siwan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kumar Kaushlendra For the Opposite Party/s : Mr. C.Jawahar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-10-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 307, 385 and 504/34 of the Indian Penal Code and Section 3 (I) (X) of the SC/ST (Prevention of Atrocities) Act.

The prosecution case is that on 20.07.2015, the petitioner along with 2-3 unknown persons abused the informant by calling caste name, made assault and demanding extortion of `30,000/- Learned counsel for the petitioner submits that petitioner raised voice against Panchayat Mukhiya for misappropriating public money under different government schemes and filed PIL being CWJC No. 4781 of 2014, hence he set up present

Patna High Court Cr.Misc. No.45063 of 2015 (2) dt.16-10-2015 2/2 informant to lodge the present case. There is counter version of the occurrence also and petitioner has received grievous injuries whereas the informant has received simple superficial injury. A statement has been made in para 3 of the petition that the petitioner has no criminal antecedent.

Considering the fact that the petitioner received grievous injury having no criminal antecedent, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M., 1st Class, Siwan in connection with Nautan P.S. Case No. 102 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T