Patna High Court - Orders
Abhishek Kumar Mishra @ Abhishek Mishra ... vs The State Of Bihar on 7 May, 2015
Author: Hemant Kumar Srivastava
Bench: Hemant Kumar Srivastava
Patna High Court Cr.Misc. No.7996 of 2015 (4) dt.07-05-2015 1
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7996 of 2015
Arising Out of PS.Case No. -287 Year- 2014 Thana -BRAHMPUR District- BUXAR
======================================================
1. Dipak Mishra @ Deepak Mishra
2. Appu Mishra
Both sons of Binod Mishra Resident of village+P.O- Jogia , P.S.-
Brahampur, District- Buxar.
.... .... Petitioner/s
Versus
1. The State of Bihar
.... .... Opposite Party/s
======================================================
with
Criminal Miscellaneous No.10048 of 2015
Arising Out of PS.Case No. -287 Year- 2014 Thana -BRAHMPUR District- BUXAR
======================================================
1. Chandan Kumar Mishra @ Chandan Mishra S/o Shradha Nand Mishra
Resident of Village- Yogia, P.s.- Brahmpur, District- Buxar.
.... .... Petitioner/s
Versus
1. The State of Bihar
.... .... Opposite Party/s
======================================================
with
Criminal Miscellaneous No.12230 of 2015
Arising Out of PS.Case No. -287 Year- 2014 Thana -BRAHMPUR District- BUXAR
======================================================
1. Abhishek Kumar Mishra @ Abhishek Mishra @ Bodra S/o Om Kumar
Mishra @ Omprakash Mishra resident of Jogiya, P.O. Buxar, P.S.
Brahmpur, District - Buxar
.... .... Petitioner/s
Versus
1. The State of Bihar
.... .... Opposite Party/s
======================================================
with
Criminal Miscellaneous No.11919 of 2015
Arising Out of PS.Case No. -287 Year- 2014 Thana -BRAHMPUR District- BUXAR
======================================================
1. Chhotu Upadhyay @ Chhathu Upadhyay Son of Sri Shiv Narayan
Updhyay Resident of Village - Chhotaki Nainijore, Police Station -
Brahmpur (Nainijore) Distt. - Buxar.
Patna High Court Cr.Misc. No.7996 of 2015 (4) dt.07-05-2015 2
.... .... Petitioner/s
Versus
1. The State of Bihar
.... .... Opposite Party/s
======================================================
with
Criminal Miscellaneous No.11996 of 2015
Arising Out of PS.Case No. -287 Year- 2014 Thana -BRAHMPUR District- BUXAR
======================================================
1. Pradip Mishra Son of Late Shiv Kumar Mishra Resident of Jogiya, P.O.-
Buxar, P.S.-Brahmpur, District-Buxar.
.... .... Petitioner/s
Versus
1. The State of Bihar
.... .... Opposite Party/s
======================================================
with
Criminal Miscellaneous No.12316 of 2015
Arising Out of PS.Case No. -287 Year- 2014 Thana -BRAHMPUR District- BUXAR
======================================================
1. Tripurari Mishra Son of Anil Mishra Resident of Jogiya, P.O. - Buxar,
P.S. - Brahmpur, District - Buxar.
.... .... Petitioner/s
Versus
1. The State of Bihar
.... .... Opposite Party/s
======================================================
with
Criminal Miscellaneous No.16807 of 2015
Arising Out of PS.Case No. -287 Year- 2014 Thana -BRAHMPUR District- BUXAR
======================================================
1. Mukesh Mishra S/o Radheshyam Mishra resident of Jogiya, P.O. - Buxar,
P.S. - Brahmpur, District - Buxar.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s
======================================================
with
Criminal Miscellaneous No.13524 of 2015
Arising Out of PS.Case No. -287 Year- 2014 Thana -BRAHMPUR District- BUXAR
======================================================
1. Shashi Shankar Mishra S/o Dev Pujan Mishra resident of Jogiya, P.O.-
Patna High Court Cr.Misc. No.7996 of 2015 (4) dt.07-05-2015 3
Buxar, P.S.- Brahmpur, District- Buxar
.... .... Petitioner/s
Versus
1. The State of Bihar
.... .... Opposite Party/s
======================================================
with
Criminal Miscellaneous No.10276 of 2015
Arising Out of PS.Case No. -287 Year- 2014 Thana -BRAHMPUR District- BUXAR
======================================================
1. Ashok Mishra S/o Late Shiv Kumar Mishra Resident of Jogiya, P.O.
Buxar, P.S. Brahmpur, District Buxar.
.... .... Petitioner/s
Versus
1. The State of Bihar
.... .... Opposite Party/s
======================================================
with
Criminal Miscellaneous No.10408 of 2015
Arising Out of PS.Case No. -287 Year- 2014 Thana -BRAHMPUR District- BUXAR
======================================================
1. Rakesh Mishra @ Rakesh Kumar Mishra son of Akhilesh Mishra @
Babua Mishra resident of village - Jogiyan, P.S. - Brahmpur, District -
Buxar.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s
======================================================
with
Criminal Miscellaneous No.10952 of 2015
Arising Out of PS.Case No. -287 Year- 2014 Thana -BRAHMPUR District- BUXAR
======================================================
1. Rahul Mishra Son of Om Prakash Mishra resident of village Yogiyan,
P.S. Brahmpur, District Buxar.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s
======================================================
with
Criminal Miscellaneous No.10343 of 2015
Patna High Court Cr.Misc. No.7996 of 2015 (4) dt.07-05-2015 4
Arising Out of PS.Case No. -287 Year- 2014 Thana -BRAHMPUR District- BUXAR
======================================================
1. Radha Raman Mishra @ Rishi Mishra Son of Ram Kailash Mishra
resident of Jogiya, P.O - Buxar, P.S.- Brahmpur, District- Buxar
.... .... Petitioner/s
Versus
1. The State of Bihar
.... .... Opposite Party/s
======================================================
with
Criminal Miscellaneous No.10580 of 2015
Arising Out of PS.Case No. -287 Year- 2014 Thana -BRAHMPUR District- BUXAR
======================================================
1. Radheshyam Mishra Son of Ram Kailash Mishra resident of Jogiya, P.O.
- Buxar, P.S. - Brahmpur, District - Buxar.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s
======================================================
with
Criminal Miscellaneous No.11188 of 2015
Arising Out of PS.Case No. -287 Year- 2014 Thana -BRAHMPUR District- BUXAR
======================================================
1. Suryabali Yadav Son of Muni Lal Yadav Resident of Jogiya , P.O. -
Buxar , P.s.- Brahmpur, District- Buxar.
.... .... Petitioner/s
Versus
1. The State of Bihar
.... .... Opposite Party/s
======================================================
with
Criminal Miscellaneous No.11493 of 2015
Arising Out of PS.Case No. -287 Year- 2014 Thana -BRAHMPUR District- BUXAR
======================================================
1. Omkar Mishra Son of Anil Mishra resident of Jogiya, P.O. - Buxar, P.S. -
Brahmpur, District - Buxar.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s
======================================================
with
Patna High Court Cr.Misc. No.7996 of 2015 (4) dt.07-05-2015 5
Criminal Miscellaneous No.11533 of 2015
Arising Out of PS.Case No. -287 Year- 2014 Thana -BRAHMPUR District- BUXAR
======================================================
1. Mukesh Choudhary son of Sri Kamleshwar Choudhary resident of
Jogiya, P.O.- Buxar, P.S.- Brahmpur, District- Buxar
.... .... Petitioner/s
Versus
1. The State of Bihar
.... .... Opposite Party/s
======================================================
Appearance :
(In Cr.Misc. No.7996 of 2015)
For the Petitioner/s : Mr. Pramod Kumar Singh
For the Opposite Party/s : Mr. Nand Kishor Pd.(App)
(In Cr.Misc. No.10048 of 2015)
For the Petitioner/s : Mr. Digvijay Kumar Ojha
For the Opposite Party/s : Mr. A.M.P.Mehta(App)
(In Cr.Misc. No.12230 of 2015)
For the Petitioner/s : Mr. Md. Nazir Ansari
For the Opposite Party/s : Mr. Zainul Abedin (App)
(In Cr.Misc. No.11919 of 2015)
For the Petitioner/s : Mr. Prabhu Narayan Sharma
For the Opposite Party/s : Mr. Ashraf Ansari (App)
(In Cr.Misc. No.11996 of 2015)
For the Petitioner/s : Mr. Md. Nazir Ansari
For the Opposite Party/s : Mr. Zainul Abedin (App)
(In Cr.Misc. No.12316 of 2015)
For the Petitioner/s : Mr. Md. Nazir Ansari
For the Opposite Party/s : Mr. Zainul Abedin(App)
(In Cr.Misc. No.16807 of 2015)
For the Petitioner/s : Mr. Md. Nazir Ansari
For the Opposite Party/s : Mr. Zainul Abedin (App)
(In Cr.Misc. No.13524 of 2015)
For the Petitioner/s : Mr. Md. Nazir Ansari
For the Opposite Party/s : Mr. Zainul Abedin (App)
(In Cr.Misc. No.10276 of 2015)
For the Petitioner/s : Mr. Md. Nazir Ansari
For the Opposite Party/s : Mr. Zainul Abedin(App)
(In Cr.Misc. No.10408 of 2015)
For the Petitioner/s : Mr. Gopal Swaroop Dubey
For the Opposite Party/s : Mr. Rajendra Singh Shastrijee(App)
(In Cr.Misc. No.10952 of 2015)
For the Petitioner/s : Mr. Ashok Kumar Mishra
For the Opposite Party/s : Mr. Upendra Kumar (App)
(In Cr.Misc. No.10343 of 2015)
For the Petitioner/s : Mr. Md. Nazir Ansari
For the Opposite Party/s : Mr. Zainul Abedin (App)
(In Cr.Misc. No.10580 of 2015)
For the Petitioner/s : Mr. Md. Nazir Ansari
Patna High Court Cr.Misc. No.7996 of 2015 (4) dt.07-05-2015 6
For the Opposite Party/s : Mr. Zainul Abedin (App)
(In Cr.Misc. No.11188 of 2015)
For the Petitioner/s : Mr. Md. Nazir Ansari
For the Opposite Party/s : Mr. Zainul Abedin(App)
(In Cr.Misc. No.11493 of 2015)
For the Petitioner/s : Mr. Md. Nazir Ansari
For the Opposite Party/s : Mr. Zainul Abedin (App)
(In Cr.Misc. No.11533 of 2015)
For the Petitioner/s : Mr. Md. Nazir Ansari
For the Opposite Party/s : Mr. Zainul Abedin(App)
======================================================
CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR
SRIVASTAVA
C.A.V. ORDER
4 07-05-2015All the above stated petitions are taken en-bloc as the above stated petitions have arisen out of Brahampur P.S. Case No. 287 of 2014 registered for the offences punishable under Sections 147, 148, 149, 324, 326, 429, 307, 302 of the Indian Penal Code and 27 of the Arms Act and accordingly, the said petitions are being disposed of by this common order.
Heard learned counsels appearing for the petitioners, learned Additional Public Prosecutor for the State as well as learned counsel for the informant.
Altogether, 24 persons are named and 15 to 20 persons are not named in the first information report. The named and unnamed accused may put in three categories. First category relates to those accused persons who are said to have shot fire at the deceased persons. In the above stated category, F.I.R. named accused, Ravindra Mishra @ Kuber Mishra and Vivek Mishra will come. The second category relates to those accused persons who Patna High Court Cr.Misc. No.7996 of 2015 (4) dt.07-05-2015 7 are said to have caused injury to injured persons of this case as well as one cattle. In this category, six F.I.R. named accused, namely, Shashi Shankar Mishra, Santosh Mishra, Rupesh Mishra, Nitesh Mishra @ Golden Mishra, Mukesh Mishra @ Bother and Abhishek Mishra @ Bother will come. The third category relates to remaining those accused persons who are said to be member of unlawful assembly having firearms in their hands.
Petitioners in Cr. Misc. No. 7996 of 2015, petitioner in Cr. Misc. No. 10048 of 2015, petitioner in Cr. Misc. No. 11919 of 2015, petitioner in Cr. Misc. No. 11996 of 2015, petitioner in Cr. Misc. No. 12316 of 2015, petitioner in Cr. Misc. No. 10276 of 2015, petitioner in Cr. Misc. No. 10408 of 2015, petitioner in Cr. Misc. No. 10952 of 2015, petitioner in Cr. Misc. No. 10343 of 2015, petitioner in Cr. Misc. No. 10580 of 2015, petitioner in Cr. Misc. No. 11188 of 2015, petitioner in Cr. Misc. No. 11493 of 2015 and petitioner in Cr. Misc. No. 11533 of 2015 come under the category of those accused persons who are said to be member of mob and there is only allegation of indiscriminate firings against them but according to prosecution case itself, none of the persons sustained any injury at the hands of aforesaid petitioners.
Petitioner in Cr. Misc. No. 13524 of 2015 is said to have caused firearm injury to injured, Sanjay Yadav, petitioner in Patna High Court Cr.Misc. No.7996 of 2015 (4) dt.07-05-2015 8 Cr. Misc. No. 16807 of 2015 is said to have caused firearm injury to injured, Dhanraj Yadav whereas petitioner in Cr. Misc. No. 12230 of 2015 is said to have caused firearm injury to cow of one Shri Niwas Yadav as a result thereof, the above stated cow died then and there.
The statement of injured, Sanjay Yadav has been recorded by the investigating officer at para 58 of the case diary and the aforesaid injured witness stated that petitioner, Shashi Shankar Mishra opened fire on him as a result thereof, he sustained injury on his right elbow. The injury report of injured Sanjay Yadav is not on the case diary though it has been submitted on behalf of the informant that the injured Sanjay Yadav was referred to P.M.C.H. for better treatment but learned counsel appearing for the informant could not produce any injury report of injured, Sanjay Yadav.
The statement of injured, Dhanraj Yadav has been incorporated by the investigating officer at para 74 of the case diary. This witness stated before the investigating officer that petitioner, Mukesh Mishra shot fire causing injury on his leg. The injury report of injured Dhanraj Yadav reveals that one abrasion was found near his right knee and besides the aforesaid abrasion, there was only complain of pain. The doctor found the injuries of Patna High Court Cr.Misc. No.7996 of 2015 (4) dt.07-05-2015 9 Dhanraj Yadav simple in nature said to be caused by hard and blunt substance.
The statement of Shri Niwas Yadav has not been recorded by the investigating officer. It appears that inquest report of cow has not been prepared. Moreover, para 2 of the case diary reveals that altogether ten empty including live cartridges were recovered from the place of occurrence.
Learned counsel appearing for the petitioner, Shashi Shankar Mishra submits that one co-accused, namely, Rupesh Mishra, against whom there is allegation of causing firearm injury to injured Mantu Yadav, has already been granted privilege of bail by the learned court below itself on the ground of alibi and the case of the petitioners, Shashi Shankar Mishra, Mukesh Mishra and Abhishek Mishra are almost on similar footing and so far as the rest petitioners are concerned, there is no specific allegation of any overt-act and their case stands on better footing to the case of co-accused, Rupesh Mishra.
On the other hand, learned counsel appearing for the informant vehemently opposed the prayer submitting that two persons died and several persons sustained firearm injuries in the alleged occurrence and the manner in which the petitioners and other accused committed the alleged crime clearly demonstrates Patna High Court Cr.Misc. No.7996 of 2015 (4) dt.07-05-2015 10 this fact that all the accused persons including the petitioners committed the alleged crime in a pre-planned manner and, therefore, petitioners do not deserve the privilege of bail.
Considering the facts and circumstances of the case as well as submissions of the parties and also taking note of this fact that one co-accused, namely, Rupesh Mishra, having more or less similar allegation, has already been granted privilege of bail by the learned court below, let all the above named petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Buxar in connection with Brahampur P.S. Case No. 287 of 2014.
(Hemant Kumar Srivastava, J) SHAHZAD/-
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