Patna High CourtCR. MISC./19056/2017bail granted

Rohit Mishra @ Rohit Kumar v. The State Of Bihar

2017-05-23Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19056 of 2017 Arising Out of PS.Case No. -2 Year- 2017 Thana -DANDARI District- BEGUSARAI ====================================================== Rohit Mishra @ Rohit Kumar Son of Papu Mishra, Resident of VillageMeha, P.S. Dandari, District-Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Mishra For the Opposite Party/s : Mr. Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 23-05-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Dandari P.S. Case No. 02 of 2017 for the offences punishable under sections 341, 323, 342, 452 and 504/34 of the I.P.C. and section 27 of the Arms Act. Allegedly, the petitioner abused and assaulted the informant by bringing him in a Bahiyar at the point of pistol and has also opened fire.

Submission is of false implication and that the son of the informant is khalasi on the truck of the petitioner and he has taken money for diesel but wanted to misappropriate the same and for that there was altercation resulting this false case, the

Patna High Court Cr.Misc. No.19056 of 2017 (2) dt.23-05-2017 2/2 prosecution story appears not probable and reliable and as such the petitioner deserves sympathetic consideration, he has got no criminal antecedent.

The learned A.P.P. submits that two round firing was made and the petitioner took away the informant in the Bahiyar and assaulted him.

In the facts and circumstances as stated above, the petitioner, in case of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall 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. A.C.J.M-III, Begusarai in connection with above mentioned case, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T