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Rahul Mishra v. the State of Bihar

Patna HC23 Apr 2024CR. MISC./22484/2024

Case brief

AI extract

What is this about?

Anticipatory bail; Section 438(2) Cr.P.C.; IPC Sections 448, 341, 323, 354(B), 307, 379, 504, 506/34; Biroul P.S. Case No. 28 of 2020; cross-case Biroul P.S. Case No. 27 of 2020; Darbhanga; Biraul; clean antecedents; simple injury; bail bond Rs. 10,000 with two sureties; Additional Chief Judicial Magistrate-II Biraul; Patna High Court; CRIMINAL MISCELLANEOUS No.22484 of 2024; Justice Satyavrat Verma; decided 23-04-2024.

What did the court decide?

Anticipatory bail: petitioners to be released on bail upon arrest or surrender within six weeks, on furnishing bail bonds of Rs. 10,000 each with two sureties of the like amount each, to the satisfaction of learned Additional Chief Judicial Magistrate-II, Biraul at Darbhanga, subject to conditions under section 438(2) Cr. P.C. ¶25

Rahul Mishra Vs the State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioners should be granted bail in anticipation of their arrest in connection with the case registered under Sections 448, 341, 323, 354(B), 307, 379, 504, 506/34 IPC (Biroul P.S. Case No. 28 of 2020).

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Court's answer

Anticipatory bail granted: the above-named petitioners, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail.

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Ratio / Principle

Release on bail is conditioned on each petitioner furnishing a bail bond of Rs. 10,000 with two sureties of the like amount each, to the satisfaction of the learned Additional Chief Judicial Magistrate-II, Biraul at Darbhanga, in connection with Biroul P.S. Case No. 28 of 2020, subject to the conditions laid down under section 438(2) of the Cr. P.C.

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Detailed headnote1 paragraphs

Patna High Court (Satyavrat Verma, J.), CRL.MISC. No.22484 of 2024, decided 23-04-2024: Anticipatory bail granted to four petitioners (Rahul Mishra, Sonu Mishra, Bhagwan Mishra @ Amar Nath Mishra, Roshan Mishra) in connection with Biroul P.S. Case No. 28 of 2020, District Darbhanga, registered for offences under Sections 448, 341, 323, 354(B), 307, 379, 504, 506/34 IPC. Considering counsel's submissions (petitioners of clean antecedents, falsely implicated; dispute arose over a trivial issue with mutual assault; cross-case Biroul P.S. Case No. 27 of 2020; alleged injury simple in nature) and the APP's opposition, the Court directed that, in the event of arrest or surrender before the Court below within six weeks, the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-II, Biraul at Darbhanga, subject to the conditions laid down under section 438(2) of the Cr. P.C.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22484 of 2024

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Arising Out of PS. Case No.-28 Year-2020 Thana- BIRAUL District- Darbhanga

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

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Rahul Mishra Son Of Bhagwan Mishra Resident Of Village - Itwa Shiv Nagar, Police Station - Biroul, District - Darbhanga

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Sonu Mishra Son Of Bishwanath Mishra Resident Of Village - Itwa Shiv Nagar, Police Station - Biroul, District - Darbhanga

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Bhagwan Mishra @ Amar Nath Mishra Son Of Chandrawali Mishra Resident Of Village - Itwa Shiv Nagar, Police Station - Biroul, District - Darbhanga

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Roshan Mishra Son Of Bhagwan Mishra Resident Of Village - Itwa Shiv Nagar, Police Station - Biroul, District - Darbhanga

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Nilendu Kumar Choudhary, Adv For the Opposite Party/s : Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 23-04-2024

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Heard learned counsel for the petitioners and

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learned APP for the State.

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The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 448, 341, 323, 354(B), 307, 379, 504, 506/34 of the Indian Penal Code.

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The petitioners are persons with clean antecedent and have falsely been implicated by the informant in the instant case. It is next submitted that on a trivial issue an altercation have started in between side of the informant and petitioner and

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Patna High Court CR. MISC. No.22484 of 2024(2) dt.23-04-2024 2/3

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the informant side assaulted the petitioner no. 3 which led to institution of Biroul P.S.Case No. 27 of 2020. It was thereafter the instant case, came to be instituted, with an allegation that the accused persons came to the house of the informant and Roushan Mishra assaulted the husband of the informant by iron rod causing injury on his head while Sonu and Rahul Mishra are alleged to have tried to kidnap the informant and even pushed on the ground and torn her cloths and an order of Bhagwan Mishra, the accused persons committed loot in the house of the informant.

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It is next submitted that petitioners are not criminals and the dispute has started when mud was flashed on the side of the petitioners, while the informant side were coming on a car, which led to an altercation thereafter, both the sides assaulted each other. It is also submitted that the injury as has been alleged is not admitting, the injury suffered by the injured is simple in nature.

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Learned A.P.P opposes the bail application.

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Considering the submissions made by the learned counsel for the petitioners, the above named petitioners, in the event of their arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on

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Patna High Court CR. MISC. No.22484 of 2024(2) dt.23-04-2024 3/3

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bail on his furnishing bail bonds in the sum of Rs, 10,000/( Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Biraul at Darbhanga in connection with Biroul P.S.Case No. 28 of 2020, subject to the conditions laid down under section 438(2) of the Cr. P.C.

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(Satyavrat Verma, J)

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N.K/-

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U T

Rahul Mishra v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Rahul Mishra v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

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Parties & counsel

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