Patna High CourtCR. MISC./80046/2023allowed

Anshu Mishra v. The State Of Bihar

2023-12-13Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80046 of 2023 Arising Out of PS. Case No.-218 Year-2023 Thana- THAWE District- Gopalganj ====================================================== Anshu Mishra Son Of Pappu Mishra R/O Village- Lachhwar, Pandit Tola, Narayanpur Tola Singhpur, P.S.- Thawe, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Setu Prateek For the Opposite Party/s :

Mrs. Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under sections 341, 323, 324, 307/34 of the Indian Penal Code.

3. As per allegation in the FIR, two grandsons, namely, Durgesh Kumar and Anil Prasad were standing near Durga Mandir and it is alleged that petitioner hit Durgesh Kumar on his chest by means of knife and accused Shaif Ali and Menaj Baitha hit Raj Kumar on his chest shoulder and hand by means of knife.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Injured Durgesh Kumar has received simple injury as per injury report.

Patna High Court CR. MISC. No.80046 of 2023(2) dt.13-12-2023 2/2 There is no repetition of blow which shows that petitioner was not having any intention to kill the injured. The alleged occurrence took place at the spur of moment. Petitioner has got no criminal antecedent and languishing in judicial custody since 28.07.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Gopalganj in connection with Thawe P.S. Case No. 218 of 2023. (Sunil Kumar Panwar, J) sushma/- U