Piyush Ranjan @ Pinku Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71588 of 2023 Arising Out of PS. Case No.-128 Year-2023 Thana- MAHISHI District- Saharsa ====================================================== Piyush Ranjan @ Pinku Mishra S/O Late Fuleshwar Mishra R/o VillageMahishi, PS. Mahishi, Dist. Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra, Adv.

For the Opposite Party/s :

Mr.Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 27-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Mahishi PS Case No. 128 of 2023 dated 01-06-2023, instituted under Sections 147,341, 323, 353, 384, 385, 504 and 506 of the IPC

3. As per allegation in the First Information Report (for brevity 'FIR'), the petitioner, who is the Ex-Secretary of Maa Ugratara Temple Trust Committee, Mahishi, Dist. Saharsa (for short 'the Trust'), has not handed over the charge of the

Patna High Court CR. MISC. No.71588 of 2023(4) dt.27-02-2024 2/3 Trust to the newly appointed Secretary and also threatened the officials as well as police personnel.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. Petitioner is Ex-secretary of the Trust. The allegation against the petitioner is that he did not hand over the charge of of the said trust to the newly appointed Secretary, namely, Keshav Kumar. It is submitted that save and except Sections 353 and 384 of the IPC, all the Sections are bailable. So far allegation under Sections 384 and 353 of the IPC is concerned, there is no ingredient of those sections in the present case. Lastly, it is submitted that five criminal cases are pending against the petitioner since before, in which, he has been acquitted on different dates. In this regard, a supplementary affidavit has already been filed, which is on record.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.71588 of 2023(4) dt.27-02-2024 3/3 SDJM Saharsa, in Mahishi PS Case No. 128 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

7. The application stands allowed.

(Khatim Reza, J) shyambihari/- U T