Ravi Mishra @ Ravindra Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71639 of 2018 Arising Out of PS. Case No.-48 Year-2015 Thana- DHOLBAJJA District- Bhagalpur ====================================================== Ravi Mishra @ Ravindra Mishra, S/o Laxmi Mishra, resident of VillageKhairpur, Bazar, P.S. Dholbajja (Kadwa O.P.), District- Bhagalpur. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr. Mithilesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 302 and 34 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case, in short, is that the accused persons, variously armed, came to the house of the informant and caused murder of his husband.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. No Specific over act is alleged against the petitioner. After investigation, the police submitted final form

Patna High Court Cr.Misc. No.71639 of 2018(2) dt.20-12-2018 2/2 against the petitioner. The petitioner was not sent up for trial. The Court below differed with the police report and took cognizance against the petitioner. Other co-accuseds have been granted anticipatory bail vide order dated 06.09.2016 passed in Cr. Misc. No. 10717 of 2016.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Naugachhia, Bhagalpur in connection with Dholbajja (Kadwa O.P.) P.S. Case No. 48 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T