Patna High CourtCR. MISC./67246/2024bail granted

Madan Mishra @ Magan Kumar Jha v. The State Of Bihar

2024-10-23Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67246 of 2024 Arising Out of PS. Case No.-268 Year-2023 Thana- LAKHNAUR District- Madhubani ====================================================== Madan Mishra @ Magan Kumar Jha S/O Late Naresh Jha R/O Village- Maisi, P.S- Lakhnaur, Distt.- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Murari Narain Chaudhary For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-10-2024

1. Heard the parties.

2. The petitioner apprehends his arrest in connection with Lakhnaur P.S. Case No. 268 of 2023 / G.R. No. 2185 of 2023 dated 12.12.2023 registered under Sections 323, 324, 341 and 353 / 34 of the I.P.C.

3. The informant, who is Mukhiya of the Gram Panchayat has alleged that he was engaged in the construction of waste material management plant in the Panchayat and while construction was being done, on 10.12.2013 the petitioner and other co-accused persons assaulted the informant. Petitioner tied towel around his neck and tried to buckle him and prevented the informant in performance of his official duty.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case due to political rivalry during the course of election. The petitioner had supported the

Patna High Court CR. MISC. No.67246 of 2024(2) dt.23-10-2024 2/2 opponent of the informant (Mukhiya) and this informant won the election with narrow difference. The petitioner also raised voice against the Mukhiya before the Block Development Officer that the informant was indulged in malpractice in execution of the scheme of the Gram Panchayat. Minor injury has been caused out to the informant.

5. Regard being had to the submission made by the parties, taking into consideration the fact that petitioner is having no criminal antecedent and no injury caused to the informant has been brought on record by the prosecution, I am inclined to grant anticipatory bail to the petitioner.

6. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M. 1st, Madhubani / In charge successor court in connection with Lakhnaur P.S. Case No. 268 of 2023 / G.R. No. 2185 of 2023 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

praful/- (Anil Kumar Sinha, J) U T