Chandan Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41104 of 2016 Arising Out of PS.Case No. -18 Year- 2016 Thana -MEDANICHOWK District- LAKHISARAI ======================================================

1. Chandan Mishra S/o Nityanand Mishra, Resident of Village- Debghara Chai (Chandra) Tola, P.S.- Medani Chowki, District- Lakhisarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajnish Chandra For the Opposite Party/s : Ms. Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 27-09-2016 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Medani Chowki Police Station Case No. 18 of 2016, disclosing offences under Sections 147, 148, 341, 354A, 353, 307, 504, 506 and 427 of the Indian Penal Code.

Learned Counsel for the petitioner has submitted that it has been noticed by this Court, vide order, dated 01.07.2016, passed in Criminal Misc. No. 26161 of 2016, that there is specific allegation against accused Chandan Kumar, Sudhanshu Kumar and Amar Kumar, of assaulting the informant and others. Considering the said aspect, co-accused Rohit Kumar, Fakira Kumar and Navin Kumar have been granted anticipatory bail by this Court, vide said order, dated 01.07.2016.

Patna High Court Cr.Misc. No.41104 of 2016 (2) dt.27-09-2016 2/2 Learned Counsel appearing on behalf of the petitioner appears to be right in his submission that case of the petitioner cannot be distinguished from the case of the persons who have been granted anticipatory bail. Considering the above submission, this application is allowed.

Let the petitioner, Chandan Mishra, 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 Additional Chief Judicial Magistrate II, Lakhisarai, in connection with Medani Chowki Police Station Case No. 18 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/-c U √ T √