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Patna High CourtCR. MISC./9419/2015bail granted

Sanjiv Mishra v. The State Of Bihar

2015-04-24Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9419 of 2015 Arising Out of PS.Case No. -236 Year- 2014 Thana -ITADHI District- BUXAR ======================================================

1. Sanjiv Mishra Son of Yogendra Mishra Resident of village - Sheopuri, P.S. Buxar ( T ), Distt. - Buxar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Shanker Pankaj For the Opposite Party/s : Mr. Nagendra Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-04-2015 Heard both sides.

The petitioner seeks his bail in Itarhi P.S.Case No.236 of 2014 registered under Sections 302,506/34 IPC and Section 27 of the Arms Act.

The informant Sarvajeet Kumar Ojha, alleged that Sandip Yadav and four other unknown criminals came on two motor cycles and fired at his father Chinta Haran Ojha, who died on the spot.

It is submitted that the petitioner is not named in the FIR. For the first time the name of the petitioner figured in the case in para-36 of the case diary in the confessional statement of Bikram Paswan. Thereafter, the police obtained confessional statement of the petitioner. Except the confessional statement of co-accused and the petitioner, that before the police, there is no other material on the record to show the involvement of the petitioner in the crime.

Considering the facts aforesaid, the petitioner, named above, is directed to be enlarged on bail on furnishing bail bond of

Patna High Court Cr.Misc. No.9419 of 2015 (3) dt.24-04-2015 2/2 Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Buxar in connection with Itarhi P.S.Case No. 236 of 2014. (Prabhat Kumar Jha, J) ahk/- U T