Ravindra Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69924 of 2019 Arising Out of PS. Case No.-172 Year-2019 Thana- CHARPOKHARI District- Bhojpur ====================================================== Ravindra Mishra, Son of Gaya Mishra, Resident of Village- Pewandi, P.S.- Chenari, District- Rohtas.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Krishna Prasad Singh, Senior Advocate Mr. Bhaskar Shankar, Advocate For the Opposite Party :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Charpokhari P.S. Case No.172 of 2019 registered for the offences punishable under Sections 406, 420, 431 and 188 of the Indian Penal Code.

It is contended by Mr. Krishna Prasad Singh, learned senior advocate appearing for the petitioner that on perusal of the first information report itself, it would transpire that none of the ingredients of the offences alleged would be attracted. The gates constructed by the petitioner worked properly since 2015 to 2018 and in the year 2019 one of the gates got damaged on account of poor maintenance of gates after construction. Since the petitioner was not given the

Patna High Court CR. MISC. No.69924 of 2019(2) dt.27-11-2019 2/2 contract of maintenance rather he was only authorized through agreement to construct the gates, he can not be made accountable for damage of the gate.

Learned counsel for the State has opposed the application for grant of pre-arrest bail to the petitioner. Considering the nature of allegation and the submission made above, in the event of arrest or surrender in the court below within a period of six weeks, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Charpokhari P.S. Case No.172 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J.) Sanjeet/- U T