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Himanshu Mishra @ Himanshu Kumar Mishra v. The State of Bihar

Patna HC21 Aug 2024CR. MISC./60461/2024

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to the petitioner in a criminal case involving assault and attempted murder. The petitioner must surrender within six weeks, furnish a bail bond of Rs. 25,000 with two sureties, and abide by statutory conditions.

What did the court decide?

Petitioner to be enlarged on bail upon surrender within six weeks by furnishing a bond of Rs. 25,000 with two sureties of the same amount.

Himanshu Mishra @ Himanshu Kumar Mishra Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.60461 of 2024

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Arising Out of PS. Case No.-216 Year-2020 Thana- GOPALPUR District- Gopalganj

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

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Himanshu Mishra @ Himanshu Kumar Mishra Son of Vyas Mishra @ Byas Mishra Resident of Village - Chauhan Patti, P.S.- Gopalpur, Bathua Bazar, District - Gopalganj.

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Binay Kant Mani Tripathi For the Opposite Party/s : Mr.Jai Narain Thakur ======================================================

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... ... Opposite Party/s

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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2 21-08-2024

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Heard learned counsel for the petitioner and learned

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Additional Public Prosecutor for the State.

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The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 324, 307, 504, 506/34 of the Indian Penal Code.

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Petitioner along with other accused persons are said to have assaulted the informant. They also assaulted the brother of the informant by means of sword on his head. They also resorted firing in the air.

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Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is no specific overt act against the petitioner. He submits that there is general and omnibus allegation levelled against the petitioner. He submits that

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Patna High Court CR. MISC. No.60461 of 2024(2) dt.21-08-2024 2/2

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similarly situated co-accused has already been granted bail by this Court vide order dated 27.01.2022 passed in Cr. Misc. No. 33330 of 2021. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.

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Learned APP for the State opposes the prayer

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for bail.

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Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Gopalpur P.S. Case No. 216 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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(Anjani Kumar Sharan, J)

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devendra/-

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U T

Himanshu Mishra @ Himanshu Kumar Mishra v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Himanshu Mishra @ Himanshu Kumar Mishra v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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