Hariom @ Manji Mishra @ Hariom Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56161 of 2022 Arising Out of PS. Case No.-173 Year-2022 Thana- HUSSAINGANJ District- Siwan ====================================================== 1.

HARIOM @ MANJI MISHRA @ HARIOM KUMAR MISHRA SON OF JITENDRA MISHRA R/O VILLAGE- TELAKATHU, P.S.- M.H. NAGAR HASANPURA, DISTT.- SIWAN 2.

NARAYAN MISHRA @ DHANJI MISHRA SON OF JITENDRA MISHRA R/O VILLAGE- TELAKATHU, P.S.- M.H. NAGAR HASANPURA, DISTT.- SIWAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Tiwary For the Opposite Party/s :

Mr. Umeshanand Pandit Mr. Hari Mohan Tripathi ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-01-2023 Heard the parties.

The petitioners apprehend their arrest in connection with Hussainganj (M.H. Nagar) P.S. case no.173 of 2022, registered for the offence punishable under Sections 341, 323, 324, 307, 325, 504, 506/34 of the Indian Penal Code.

The allegation against the petitioners is that the petitioners alongwith other accused persons have indiscriminately assaulted the informant by means of deadly weapons as a result of which he sustained fracture injury on his right leg.

It is submitted by learned counsel for the petitioners that

Patna High Court CR. MISC. No.56161 of 2022(2) dt.02-01-2023 2/2 petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no specific overt act against the petitioners. Petitioner no.1 has no criminal antecedent and petitioner no.2 has one criminal antecedent. Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail. Having regard to the facts and circumstances of the case, as the injury is grievous in nature, I am not inclined to enlarge the petitioners on bail. The prayer for grant of anticipatory bail on their behalf is hereby rejected.

Accordingly, this application is dismissed.

(Anjani Kumar Sharan, J) shikha/- U T