Mahadev Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75611 of 2019 Arising Out of PS. Case No.-324 Year-2019 Thana- LAHERIYASARAI District- Darbhanga ====================================================== MAHADEV MISHRA Son of Sri Dayanand Mishra R/o Village- Bhuskaul, P.S.- Darbhanga Sadar, District- Darbhanga.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Thakur For the State :

Mr. Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-12-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Laheriasarai (Benta O.P.) P.S. Case No. 324 of 2019 registered for the offence punishable under Sections 341, 323, 324, 326, 307, 504 and 506/34 of the Indian Penal Code. The allegation is regarding one Praful Kumar Jha having stabbed the informant while he was sitting along with his brother and thereafter, they are said to have been taken to the hospital for treatment. As far as the petitioner is concerned, it is alleged that the petitioner is the tenant of the co-accused, namely, Praful Kumar Jha and he is running a diagnostic centre in the house of the co-accused, namely, Praful Kumar Jha and therefore, on account of jealousy, the said occurrence is stated to

Patna High Court CR. MISC. No.75611 of 2019(2) dt.02-12-2019 2/2 have taken place.

The learned counsel for the petitioner has submitted that as far as the petitioner is concerned, there is no allegation of him having either abused or assaulted the informant or his brother. It is further submitted that the petitioner is having a having a clean antecedent.

Per contra, the learned counsel appearing for the informant has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on anticipatory 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 C.J.M., Darbhanga in connection with Laheriasarai (Benta O.P.) P.S. Case No. 324 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) ajay gupta/- U T