Vinay Kumar Mishra @ Binay Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65484 of 2023 Arising Out of PS. Case No.-153 Year-2023 Thana- KEWATI District- Darbhanga ====================================================== Vinay Kumar Mishra @ Binay Kumar Mishra Son of Baidyanath Mishra R/o village - Ladari, P.S.- Keoti, District - Darbhanga. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kanchan Jha, Advocate For the Opposite Party/s :

Mr. Ram Sevak Choudhary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-11-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in connection with Keoti P.S Case No. 153 of 2023 dated 11.06.2023 registered for the offence punishable u/s 341, 323, 324, 307, 379 and 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioner along with the co-accused persons assaulted the mining department team and Saroj Jha with iron rod, hockey stick and iron axe with the intention to kill. The petitioner also snatched gold chain, Rs. 13,000/- and mobile phone of the informant. The accused also damaged the informant's car.

Patna High Court CR. MISC. No.65484 of 2023(2) dt.08-11-2023 2/2

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. It is further submitted that there is land dispute between the parties. Learned counsel further submitted that there is a case and counter case between the parties. There is general and omnibus allegation against the petitioner. The petitioner has one criminal antecedent as stated in para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

7. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Darbhanga in connection with Keoti P.S. Case No. 153 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

(Chandra Prakash Singh, J) Nilmani/- U T