Disposed

Hemchandra Mishra v. the State of Bihar

Patna HC16 Jun 2022CR. MISC./64545/2021

Case brief

AI extract

What is this about?

Single-judge oral order granting anticipatory bail to six petitioners in connection with a case filed for offences under the Indian Penal Code. The court granted bail due to the informant's significant delay and the context of a prior opposing complaint filed by one petitioner, directing release upon arrest/surrender within four weeks upon furnishing of security.

What did the court decide?

Petitioners released on bail on furnishing bond of Rs. 10,000 each with two sureties within four weeks of arrest/surrender.

Hemchandra Mishra Vs the State of Bihar — Anticipatory Bail | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.64545 of 2021

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Arising Out of PS. Case No.-578 Year-2020 Thana- ARARIA District- Araria

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======================================================

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Hemchandra Mishra S/o Late Bishwanath Mishra R/o village- Dhamoura, P.S.- Sathi, District- West Champaran, at present working as Rang Officer, Araria, District- Araria

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Bhagwat yadav s/o late nougi yadav r/o village- kochgama, ward no. 04, P.S. and District- Araria

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kedar singh s/o late ram bhajan singh R/o village- Kushiyargaon, Ward No.11, P.S. and District- Araria

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Rahul Kumar S/O Ranveer Pandey R/o village- Pachpaika, P.S.- Vaishali, District Vaishali, at present working as a DATA OPRATOR, Forest Department, Araria

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Md. Makhtur s/o md. Asahab r/o village- kharaihiya basti, p.s. and districtararia

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Md. Masud S/O Md. Kasim R/o village- Hariyabara, Mukhiya Tola, Ward No.- 09, P.S. and District- Araria

... ... Petitioners

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Mahendra Thakur For the Opposite Party/s : Mr.Uday Chand Prasad ======================================================

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CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER

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2 16-06-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

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Heard leaned counsel for the petitioner and the learned APP for the State.

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The petitioners seek anticipatory bail in connection with Araria P.S. Case No. 578 of 2020, registered for the of-

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Patna High Court CR. MISC. No.64545 of 2021(2) dt.16-06-2022 2/3

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fences under Sections 147, 148, 341, 323, 379, 504, 506 of the Indian Penal Code.

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The main submissions advanced by learned counsel for the petitioners are that the alleged occurrence is stated to have taken place on 16.05.2019 and FIR of this case was lodged on 25.07.2020 by the informant by filing a written application, in fact petitioner no. 1, working as a Ranger in Forest Department filed a complaint case bearing no. 1237 of 2019 on 27.5.2019 against the informant of this case in which cognizance has been taken and the informant took bail in that case and thereafter he filed the present case with malice intention and amongst the alleged offences only the offence of theft is non bailable which is not specific against any of the petitioners. Further submission is that petitioner no. 1 is a Ranger in a Forest Department and petitioner no. 4 is working as a Data operator in Forest Department and other petitioners are working in as daily wages labourers under the petitioner no. 1.

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Learned APP has vehemently opposed the prayer of bail.

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Having Considered the above submissions and mainly the long delay made by the informant in lodging his case and also the fact the present case was lodged after the petitioner no.

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Patna High Court CR. MISC. No.64545 of 2021(2) dt.16-06-2022 3/3

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1 had lodged a complaint case mentioned above against the informant, in the light of these facts a lenient approach is required in respect of petitioners’ prayer let the petitioners, above named, in the event of their arrest/surrender within four weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of concerned Court in connection with Araria P.S. Case No. 578 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Shailendra Singh, J)

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siddharthkr/-

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U T

Hemchandra Mishra v. the State of Bihar

Case brief

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Hemchandra Mishra v. the State of Bihar

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