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Patna High CourtCR. MISC./9491/2015rejected

Narendra Mishra @ Naro Mishra @ Nato Mishra v. The State Of Bihar

2015-04-27Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9491 of 2015 Arising Out of P.S. Case No. -222 Year- 2014 Thana -LAXMIPUR District- JAMUI ====================================================== Narendra Mishra @ Naro Mishra @ Nato Mishra, Son of Dhananjay Mishra, R/o Village - Karnpur, P.S. - Laxmipur, District - Jamui. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Sri Yogesh Chandra Verma, Sr. Advocate. For the Opposite Party/s : Sri Gajendra Pd.Yadav, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 27-04-2015 Heard both sides.

The petitioner seeks bail in a case under Sections 392 and 412 of the Indian Penal Code and Sections 25(1-B)a, 26 and 35 of the Arms Act.

The informant alleged that his motorcycle and other belongings were looted by four persons but, on chase, the petitioner and one Rahul Kumar Rao was apprehended. From the possession of Rahul Kumar Rao, the looted motorcycle, mobile etc. were recovered.

Sri Yogesh Chandra Verma, learned Senior Counsel for the petitioner, submits that the petitioner was arrested on 26.11.2014 but he was produced in court on 28.11.2014. The petitioner is on inimical terms with his own brother and, that is why, he has been falsely implicated in the case.

Patna High Court Cr.Misc. No.9491 of 2015 (3) dt.27-04-2015 2/2 It appears that the petitioner and Rahul Kumar Rao were apprehended on chase immediately after the occurrence and the looted articles were recovered. They also disclosed names of two other accused persons, who managed to flee away. Considering the facts aforesaid, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected. The trial court is directed to expedite the trial and conclude the same within nine months from the date of receipt of a copy of this order. If the trial is not concluded within the stipulated period of time, the petitioner may renew his prayer for bail firstly in the trial court.

(Prabhat Kumar Jha, J) Dilip/- U T