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Patna High CourtCR. MISC./42608/2018dismissed

Satish Kumar Mishra @ Sitesh Kumar Mishra @ Satesh Kumar Mishra v. The State Of Bihar

2018-08-20Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42608 of 2018 Arising Out of PS.Case No. -25 Year- 2018 Thana -SURSAND District- SITAMARHI ====================================================== Satish Kumar Mishra @ Sitesh Kumar Mishra @ Satesh Kumar Mishra Son of Feku Mishra, resident of Village- Babu Narha, P.S. Bajpatti, DistrictSitamarhi. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Opposite Party/s : Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-08-2018 Heard learned counsel for the petitioner.

Petitioner apprehends his arrest in connection with Sursand P.S.Case No. 25 of 2018 registered for the offences punishable under Sections 324, 307 and 302/34 of the Indian Penal Code.

Allegation against the accused persons, including the petitioner is of catching hold of the deceased and other accused persons severely stabbed him, due to which he succumbed to the injuries.

Submission of learned counsel for the petitioner is that there is no allegation of assault by the petitioner and he has falsely been implicated in this case.

Heard learned APP also, who has opposed the prayer for

Patna High Court Cr.Misc. No.42608 of 2018 (3) dt.20-08-2018 2/2 anticipatory bail.

Having heard both sides and in the facts and circumstances, as stated above, and in view of active participation of the petitioner, I am not inclined to grant privilege of anticipatory bail to the petitioner, rather petitioner to surrender and make prayer for regular bail, which shall be considered on its own merit.

With the above observation, this application is dismissed. (Vinod Kumar Sinha, J) spal/- U