Ranjit Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55879 of 2019 Arising Out of PS. Case No.-165 Year-2018 Thana- ROSHANGANJ District- Gaya ====================================================== RANJIT MISHRA, aged about 24 years, Male, Son of Naresh Mishra, Resident of Brahman Bigha, P.S.- Bankey Bazar, District - Gaya ... Petitioner

Versus

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

For the Petitioner :

Mr. Md. Javed Jafar Khan, Adv.

For the Opposite Party :

Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-09-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Raushanganj (Banke Bazar) P.S. Case No. 165 of 2018 for the offences alleged under Sections 341, 307 and 34 of the Indian Penal Code and 37 of the Arms Act.

The accusation is that in the evening of 28.10.2019, son of Sandeep Mishra moved from the shop of the informant, Niranjan Mishra, at that time, petitioner, Ranjit Mishra, and his brother Sandeep Mishra, came at his shop and fired with pistol, which hit at his left cheek. In the meantime, his neighbour, Pradeep Yadav, took him at the Primary Health Center, Bankey Bazar, where his treatment is going on.

The submission of the learned counsel for the petitioner is that in fact the informant of the present case and three others committed murder of Sandeep Mishra, brother of the petitioner by causing fire arm injury, regarding which Raushanganj P.S. Case No. 57 of 2015 was instituted under

Patna High Court CR. MISC. No.55879 of 2019(2) dt.03-09-2019 2/2 Sections 147, 148, 149, 341, 323, 324, 307, 302 and 504 of the Indian Penal Code, in which the trial is going on, due to that reason the informant of the present case has lodged the present case implicating the petitioner and his brother, Sandeep Mishra, with false allegation, so that murder case may be compromised. Petitioner has no criminal antecedent.

Learned Additional Public Prosecutor for the State opposes the prayer for pre-arrest bail.

Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Raushanganj (Banke Bazar) P.S. Case No. 165 of 2018 shall be released on pre-arrest bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Sherghati, Gaya, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.

(Rajendra Kumar Mishra, J) Shamshad/- U T