Ajay Mishra @ Ajay Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85703 of 2023 Arising Out of PS. Case No.-153 Year-2023 Thana- KEWATI District- Darbhanga ====================================================== Ajay Mishra @ Ajay Kumar Mishra S/o Baidyanath Mishra R/o villageLadari, P.S-Keoti, District-Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kanchan Jha, Adv.

For the Opposite Party/s :

Mr.Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-04-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Keoti P.S Case No. 153 of 2023 dated 11.06.2023 registered for the offence punishable u/s 341, 323, 324, 307, 379 and 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner along with the co-accused persons assaulted the mining department team and Saroj Jha with iron rod, hockey stick and iron axe with the intention to kill. The accused persons also snatched gold chain, Rs. 13,000/- and mobile phone of the informant. The accused also damaged the informant's car.

4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. It is further submitted that there is land dispute between the parties.

Patna High Court CR. MISC. No.85703 of 2023(5) dt.03-04-2024 2/2 Learned counsel further submitted that there is a case and counter case between the parties. There is general and omnibus allegation against the petitioner. The co-accused has already been granted anticipatory bail by this court vide order dated 08.11.2023 passed in Cr. Misc. No. 65484 of 2023. The petitioner has two criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 02.11.2023.

5. Learned A.P.P. for the State has vehemently opposed the prayer for regular bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Darbhanga in connection with Keoti P.S. Case No. 153 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T