Govind Mishra @ Govind Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72625 of 2023 Arising Out of PS. Case No.-598 Year-2022 Thana- BAHERA District- Darbhanga ====================================================== GOVIND MISHRA @ GOVIND KUMAR MISHRA Son of Saroj Mishra R/o vill - Tumaul, P.S. - Bahera, Distt. - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar For the Opposite Party/s :

Mr. Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-11-2023 Heard the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 448, 504, 427, 34, 307 of the Indian Penal Code and 27 of Arms Act.

3. Allegedly, the petitioner along with other co-accused persons went to the door of the informant, abused him and also damaged different vehicles. It is alleged that the petitioner and others took away one motorcycle and damaged 70 chairs of the tent house. It is further alleged that the accused persons entered into the house of the informant and looted away the household articles of the informant and assaulted the informant. They also threatened the informant and fired upon him.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He

Patna High Court CR. MISC. No.72625 of 2023(2) dt.30-11-2023 2/2 has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the petitioner. He further submits that the injuries are simple in nature (Annexure-2). Petitioner has no criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case as well as considering the nature of injuries, let the above named petitioner, be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Bahera P.S. Case No.598 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T