Praveen Mishra @ Praveen Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74735 of 2022 Arising Out of PS. Case No.-43 Year-2022 Thana- ISHIPUR District- Bhagalpur ====================================================== PRAVEEN MISHRA @ PRAVEEN KUMAR Son of Ram Sewak Mishra Resident of vilage- Babupur, P.S.- Ishipur (Barahat), District- Bhagalpur (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anand Kumar Ojha For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 504, 506, 379, 427, 384, 386 and 34 of the Indian Penal Code pending in the learned court below.

Allegation against the petitioner is that he along with other co-accused persons forcibly ploughed the land by tractor and on objection they abused the assaulted him. They also demanded rupees ten lakhs as extortion of money and threatened to kill the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the occurrence took place on

Patna High Court CR. MISC. No.74735 of 2022(2) dt.04-02-2023 2/2 07.05.2022 but the FIR lodged on 29.05.2022 there is there is delay of 22 days in filing of the present FIR. He submits that there is no any explanation for the delay in filing of the present FIR which creates serious doubt about the prosecution case. He submits that there is admitted land dispute between the parties. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.

Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Ishipur (Barahat) P.S. Case No.43/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T