Mantu Mishra @ Manish Mishra @ Manish Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 83183 of 2024 Arising Out of PS. Case No.-280 Year-2024 Thana- LAURIA District- West Champaran ====================================================== Mantu Mishra @ Manish Mishra @ Manish Kumar Mishra, S/O Dhrup MIshra @ Pramod Mishra, R/O Mishra Tola, Ward No. 14, Police StationLauria, Bettiah, Dist.- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sumit Kumar Jha, Advocate For the Opposite Party/s :

Ms.Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 12-12-2024 Heard learned counsel for the petitioner and Ms.Anita Kumari, learned APP for the State.

2.The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Lauriya P.S. Case No. 280 of 2024 instituted for the offence under Sections 25(1-b)a, 26 and 35 of the Indian Penal Code.

3. The case of the prosecution is that from the asbestos made house of one Deepu Kumar, illegal arms were recovered. On being asked, Deepu Kumar told that this petitioner has given him the weapon.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to political rivalry There is no recovery from his possession. He is having criminal antecedent of five cases regarding which the learned

Patna High Court CR. MISC. No. 83183 of 2024(2) dt.12-12-2024 2/2 counsel for the petitioner has submitted that all the cases are lodged by one Bhulan Yadav due to property dispute with Dilip Yadav who is neighbour of the petitioner and as Dilip Yadav is a supporter of petitioner, false cases have been filed against the petitioner. It has also been submitted that petitioner is on bail in three of the cases and in one case investigation is still in progress and in fifth case cognizance has not been taken.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Lauriya P.S. Case No.280 of 2024, he will be enlarged 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 learned A.C.J.M. 1st, West Champaran, Bettiah, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) lata/- U T