Pintu Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36901 of 2017 Arising Out of PS.Case No. -184 Year- 2016 Thana -ISHAKCHAK District- BHAGALPUR ====================================================== Pintu Mishra, Son of Dinesh Chandra Mishra, Resident of Village- Motilal Mishra Lane, P.S.- Ishak Chak, District- Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Bachan Jee Ojha, Advocate For the Opposite Party/s : Mr. Prem Kumar Jha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 25-08-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Ishachak P.S. Case No. 184 of 2016 instituted for the offence under Sections 324, 307/34 of the Indian Penal Code, Sections 3, 4 and 5 of Explosive Substance Act.

It is alleged in the written report that on the date of occurrence, while the informant was sitting on her Darwaza, one Bomb was thrown on her Chhappar and when the informant came out from the house, he saw the petitioner with two other persons running away. They told the informant that they had killed her son and will kill the informant also. It is further alleged that on the next day, while the informant was sitting on Darwaza, one bomb was also exploded.

Patna High Court Cr.Misc. No.36901 of 2017 (3) dt.25-08-2017 2/3 It has been submitted on behalf of the petitioner that in the first instance, the informant has submitted that she has seen and heard about the name of this petitioner but in the second instance, the name of this petitioner has been taken. Case diary has been received.

Learned A.P.P. has submitted that the witnesses in paragraphs-5, 8, 9, 18 and 19 have taken the name of this petitioner. The injury report of the injured is also mentioned in the case diary wherein they have sustained injury. Learned counsel for the informant and the State have submitted that in the case diary all the witnesses including the injured have taken the name of this petitioner and have stated that they have seen the petitioner running away from the place of occurrence.

FSL report is also available in the case diary which supports that bomb like substance i.e Arsenic Sulphite and Potassium Chlorate was detected.

In such circumstances, this Court is not inclined to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner stands rejected.

He may surrender before the court below and make

Patna High Court Cr.Misc. No.36901 of 2017 (3) dt.25-08-2017 3/3 prayer for regular bail which shall be disposed off by the court below without being prejudiced by this order. (Sanjay Priya, J) S.Ali/- U T