Patna High CourtCR. MISC./68501/2019bail granted

Dhananjay Mishra v. The State Of Bihar

2019-10-25Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68501 of 2019 Arising Out of PS. Case No.-390 Year-2018 Thana- MANJHAGARH District- Gopalganj ====================================================== DHANANJAY MISHRA, aged about 43 years, Sex-Male, Son of Late Lalan Mishra, Resident of Village - Tarwa, P.S.- Manjhagarh, Distt.- Gopalganj. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Milind Kumar Mishra, Advocate.

For the Opposite Party :

Mr.Mohammed Arif, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-10-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Sections 327, 332, 353, 307 of the IPC, 25(1b)a, 26 and 27 of the Arms Act. The prosecution story, in brief, is that when the informant asked the petitioner to surrender, he fired upon him as a result of which, the informant sustained injuries in finger and knee. The informant arrested the petitioner and recovered one country made loaded pistol, one country made loaded Katta, four live cartridges and one empty cartridge and other articles from his possession.

It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since

Patna High Court CR. MISC. No.68501 of 2019(2) dt.25-10-2019 2/2 21.12.2018. The petitioner has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. None is said to have been injured in course of occurrence. No offence under Section 307 of the IPC is made out. There is no compliance of Section 100 of Cr. P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Gopalganj, in connection with Manjhagarh P.S. Case No. 390 of 2018.

U.K./- (Sudhir Singh, J) U T