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Patna High CourtCR. MISC./37873/2017allowed

Sujeet Mishra v. The State Of Bihar

2017-09-18Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.37873 of 2017 (5) dt.18-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37873 of 2017 Arising Out of PS.Case No. -48 Year- 2017 Thana -SANDESH District- BHOJPUR ======================================================

1. Sujeet Mishra Son of Sri Shambhu Nath Mishra Resident of VillagePinjroin, P.O. Ramasadh, P.S. Sandesh, District-Bhojpur at Ara. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kumar Kaushik, Advocate For the Opposite Party/s : Mr. Smt. Rita Verma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 18-09-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Sandesh Police Station Case No. 48 of 2017, disclosing offences under Sections 307, 147, 148, 149, 323, 341, 504 and 506 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, altogether five persons have been made accused with allegation of making assault but only one injury has been found on the person of the injured and the same is also found to be simple in nature. Therefore, offence under Section 307 of the I.P.C. is not made out. Hence, the

Patna High Court Cr.Misc. No.37873 of 2017 (5) dt.18-09-2017 petitioner deserves the privilege of anticipatory bail. Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, 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 learned Additional Chief Judicial Magistrate, Bhojpur at Ara in connection with Sandesh Police Station Case No. 48 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) Brajesh/- U T