Dhananjay Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10354 of 2024 Arising Out of PS. Case No.-47 Year-2023 Thana- MANJHAGARH District- Gopalganj ====================================================== Dhananjay Mishra, aged about 52 years, Sex-male, S/O Late Lalan Mishra resident of Village- Tarwa, Ps. Manjhagarh, Dist. Gopalganj. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Yogendra Tiwari, Advocate For the Opposite Party/s :
Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 22-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody in connection with Manjhagarh P.S. Case No.47 of 2023 registered for an offence punishable under Sections 307, 385, 387 and 506/34 of the Indian Penal Code.
3. As per allegation in the FIR, five miscreants boarded on two motorcycles came and entered the shop of the informant and fired on the informant which hit his brother, namely, Gauri Shankar. The reason behind the said occurrence is stated to be demand of ransom.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case merely on the
Patna High Court CR. MISC. No.10354 of 2024(2) dt.22-02-2024 2/3 basis of suspicion. He next submits that there is no specific allegation of firing against any person. Petitioner is in custody since 25.04.2023.
5. Learned APP for the State opposes the prayer for regular bail of the petitioner.
6. On perusal of the first information report as well as impugned order dated 03.11.2023, it appears that the name of the petitioner surfaced in the FIR at the instance of other coaccused and no specific allegation of overt-act assigned in the FIR and there is no recovery from the possession of the petitioner. Similarly situated co-accused person has already been granted regular bail by a Co-ordinate Bench of this Court passed in Cr. Misc. No.43463 of 2023 vide order dated 27.07.2023, considering which, I am inclined to grant bail to the petitioner. Accordingly, let the above named petitioner be released on bail after framing of the charge on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Gopalganj in connection with Manjhagarh P.S. Case No. 47 of 2023.
7. The trial Court is directed to conclude the proceeding of framing of charge according to the law within a period of fifteen days from the date of receipt of a copy of this
Patna High Court CR. MISC. No.10354 of 2024(2) dt.22-02-2024 3/3 order. However, it is made clear that if the charge-sheet has not been submitted, then the above named petitioner shall be released on bail on above conditions and the petitioner shall be present physically on each and every date before the trial Court till conclusion of the proceeding of framing of charge. (Ramesh Chand Malviya, J) Brajesh Kumar/- U T