Deepak Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.948 of 2020 Arising Out of PS. Case No.-374 Year-2019 Thana- BAHADURPUR District- Darbhanga ====================================================== Deepak Kumar Mishra Son of Ghuran Mishra Resident of Village - Ughara, P.S.- Bhadurpur, Pator O.P, Distt.- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Baidya Nath Thakur, Advocate For the Opposite Party/s :

Mr.Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 25-02-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for anticipatory bail apprehending his arrest in connection with Bahadurpur (Pator OP) P.S Case no. 374 of 2019 registered for the offence under sections 341, 353, 354, 504, 506 and 34 of the Indian Penal Code As per the allegation in the FIR, it is stated by the informant that in the Aam Sabha being conducted one Sushil Kumar Mishra raised hungama and tried to snatch the register and disturbed the proceedings of the Aam Sabha. It is further stated that he threatened the informant that in case she proceeded with the selection, he would kill her and would implicate her by giving a false application. It is further stated that the said Sushil Mishra as also his brother Deepak Kumar

Patna High Court CR. MISC. No.948 of 2020(3) dt.25-02-2020 2/3 Mishra, the petitioner herein were amongst the persons who tried to snatch the register.

It is submitted by learned counsel for the petitioner that from the contents of the FIR itself it would transpire that the main allegation is against Sushil Kumar Mishra and not this petitioner. The name of the petitioner has been added in the last line of the FIR. It is further submitted that for the occurrence of 13.7.2019, ultimately FIR was registered only on 26.7.2019. The petitioner has no criminal antecedent The application for bail has been opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the above stated facts and circumstances and considering the nature of allegation together with the petitioner having no criminal antecedent, the Court is inclined to enlarge the petitioner on bail. The petitioner, above named, in the event of his arrest or surrender in the Court below within a period of six weeks from today in connection with Bahadurpur (Pator OP) P.S Case no. 374 of 2019 is directed to 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 the learned Chief Judicial Magistrate,

Patna High Court CR. MISC. No.948 of 2020(3) dt.25-02-2020 3/3 Darbhanga subject to the conditions as laid down in section 438(2) of Criminal Procedure Code.

(Partha Sarthy, J) Prakash/- U