Oral order directing petitioner to rectify defects in anticipatory bail petition and direct surrender to seek regular bail before lower court.
Directed to remove defects within one month; directed to surrender and seek regular bail before lower court.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.49267 of 2022
Arising Out of PS. Case No.-160 Year-2022 Thana- KATEYA District- Gopalganj
======================================================
PAWAN MISHRA S/o Awadhesh Mishra R/o village- Samdash Bagahi, P.S.Kateya, District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Vyas Kumar Mishra For the Opposite Party/s : Mr.Tapeshwar Sharma ======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY
ORAL ORDER
3 20-01-2023
The learned counsel for the petitioner is directed to
remove all the defects pointed out by the Stamp Reporter within one month.
Heard the learned counsel for the petitioner and learned APP for the State.
At the very outset, learned counsel for the petitioner has submitted that the one criminal case being Kateya P.S.Case No. 18 of 2016 registered under Sections 341, 323, 385 and 504/34 was inadvertently left out to be mentioned in paragraph no.3 of the anticipatory bail petition.
In view of aforesaid submission, let the same be
rectified.
The petitioner apprehends his arrest for the offences
Patna High Court CR. MISC. No.49267 of 2022(3) dt.20-01-2023 2/3
alleged under Sections 341, 323, 504, 506, 427, 379, 384, 147, 148 and 149 of the Indian Penal Code and Section 27 of the Arms Act, registered in connection with Kateya P.S.Case No. 160 of 2022.
As per allegation, when the informant was making construction at his bathan, the accused persons named in the FIR demanded ransom and they threatened that if their demand is not fulfilled, they would be evicted from the land. After two days on 18.04.2022, the named accused persons came there, they opened fire and dismantled the construction area and looted the household articles.
The learned counsel for the petitioner has submitted that he is innocent and has falsely been implicated in this case. Prior to this case, the father of the petitioner had lodged a complaint to the Circle Officer mentioning therein that the informant and his family members had wrongfully occupied the community centre and Chhath Asthan, which are the lands of public utility.
The learned counsel for the informant has submitted that the petitioner is a person of criminal antecedents and they are four criminal cases pending against him, except the present one. He has submitted further that other accused persons have
Patna High Court CR. MISC. No.49267 of 2022(3) dt.20-01-2023 3/3
been granted regular bail.
Considering the facts and circumstances, the petitioner is directed to surrender before the court below and make a prayer for regular bail.
With the aforesaid observation, the application stands disposed of.
Office shall ensure that all defects are removed by the petitioner within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.
(Nawneet Kumar Pandey, J)
HR/-
U T
Pawan Mishra
The State of Bihar
Nawneet Kumar Pandey
As recorded by the court registry
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