Tinku Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25698 of 2017 Arising Out of PS.Case No. -102 Year- 2017 Thana -DARBHANGA SADAR DistrictDARBHANGA ====================================================== Tinku Mishra son of Sri Ranjan Mishra, resident of village Ketuaka P.S. Sadar District Darbhanga.
.... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Dharmendra Kumar Singh, Adv. For the Opposite Party/s : Mr. Sri Parmanand Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 13-07-2017 Heard Sri Dharmendra Kumar Singh, learned counsel for the petitioner and Sri Parmanand Kumar, learned Addl. Public Prosecutor.
The sole petitioner, apprehending his arrest in Darbhanga Sadar (Mabbi) P.S. Case No.102 of 2017/ G.O. Excise Case No.286 of 2017 registered for the offence under Sections 341, 323, 504/34 of the Indian Penal Code and Section 30(a) Bihar Prohibition and Excise Act, has prayed for grant of bail in the event of his arrest or surrender.
By way of referring to F.I.R., learned counsel for the petitioner submits that the informant of the present case has forcibly apprehended one Navin Kumar Mishra and confined in a house, for which from the petitioner side, one F.I.R. vide
Patna High Court Cr.Misc. No.25698 of 2017 (2) dt.13-07-2017 2/2 Darbhanga Sadar (Mabbi) P.S. Case No.106/17 was registered on the same day for the offence under Sections 147, 149, 341, 323, 504, 506, 379 of the Indian Penal Code. It was submitted by learned counsel for the petitioner that with a view save his own skin, the informant has made false allegation that the petitioner along with Navin Kumar Mishra in a drunken state had assaulted the informant. He further submits that there is no any examination report to suggest that either petitioner or Navin Kumar Mishra was in drunken condition.
Considering the facts and circumstances as well as nature of accusation, let the petitioner, namely, Tinku Mishra, in the event of his arrest or surrender within six weeks from today, 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 Sadar ( Mabbi) P.S. Case No.102 of 2017, subject to condition as laid down in Section 438(2) of the Code of Criminal Procedure. (Rakesh Kumar, J) NKS/- U T