Chandan Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5110 of 2015 Arising Out of PS.Case No. -133 Year- 2011 Thana -BUXAR DistrictBUXAR ====================================================== Chandan Mishra Son of Sri Kant Mishra@ Mantu Mishra Resident of Village Sonbarsa, P.S. Buxar (I), District Buxar. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Mishra, Adv. For the Opposite Party/s : Mr. Anusaiya Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-04-2015 Heard both sides.

The petitioner seeks bail in Buxar Town P.S. Case No. 133 of 2011, registered for the offences punishable under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act. One Gajendra Kumar, the informant alleged that while the deceased (Haider Imam Varsi) was going to deposit money in the treasury, he was shot by unknown persons. During the course of investigation, Manoj Kumar Sinha, the jailor and Hasrat Zahan wife of the deceased (Haider Imam Varsi) disclosed that the deceased had earlier seized mobile from the possession of the petitioner and due to which the petitioner and other co-accused were threatening the deceased to kill. The petitioner is said to have confessed his guilt, but except

Patna High Court Cr.Misc. No.5110 of 2015 (3) dt.28-04-2015 2/2 confession and suspicion there appears no tangible material. Petitioner is in jail since 15.09.2011.

Considering the facts aforesaid, 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 6th, Buxar in connection with Buxar Town P.S. Case no. 133/2011. (Prabhat Kumar Jha, J.) Rakhi/- U T