Situ Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6792 of 2016 Arising Out of PS.Case No. -113 Year- 2014 Thana -UCHAKAGAON District- GOPALGANJ ======================================================

1. Situ Mishra Son of Mani Nath Mishra Resident of Village- Sishai Police Station Bhore, District Gopalganj.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Kumar Singh For the Opposite Party/s : Mr. Sanjay Kumar Tiwary (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 12-04-2016 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offences punishable under section 395 of the Indian Penal Code.

Allegedly six persons on two motor cycles came an got filled up petrol of Rs.500/- in each motor cycle, they enquired about the owner of the petrol pump and one person after pointing out knife in a cabin looted Rs.1.5 lacs from the cash box an further took away a mobile of the informant and fled away from there.

Submission is of false implication, the petitioner is not named in the first information report, the name of the petitioner figured in the present case on the basis of confessional statement made before the police, no incriminating article has

Patna High Court Cr.Misc. No.6792 of 2016 (4) dt.12-04-2016 been recovered from possession of the petitioner, petitioner is in custody since 24.06.2015 but he has not been put on T.I. parade and in this case other co-accused Vishal Kumar Singh @ Bir Singh @ Vishal Singh has already been allowed bail by a coordinate Bench of this Court vide Criminal Misc. No. 24048 of 2015 and as such the petitioner also deservers sympathetic consideration.

Learned A.P.P opposed the prayer by submitting that the petitioner has got criminal antecedent as he is involved in so many similar cases.

In the facts and circumstances stated above and considering that charge-sheet has already been submitted and that there is no chance of tampering with the prosecution evidence, the petitioner above named is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge VIII, Gopalganj in connection with Sessions Trial No. 38 of 2015 arising out of Uchkagaon P.S. Case No. 113 of 2014.

(Jitendra Mohan Sharma, J) Amin/- U