Mritunjay Mishra @ Mritunjay Jee @ Mirtunjay Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24661 of 2015 Arising Out of PS.Case No. -28 Year- 2009 Thana -SALAIYA District- AURANGABAD ======================================================

1. Mritunjay Mishra @ Mritunjay Jee @ Mirtunjay Mishra S/o Bindeshwar Mishra r/o village Misir Bigha, P.S. - Pauthu in the district of Aurangabad. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ashok Kumar Singh For the Opposite Party/s : Mr. S.D.Singh Yadav (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-07-2015 Heard both sides.

The petitioner seeks bail in a case under Section 307 and other sections of the Indian Penal Code, section 27 of the Arms Act, section 3⁄4 of Explosive Substance Act and under section 17 of the C.L.A. Act.

The petitioner is not named in the FIR. Nothing has been recovered from the possession of the petitioner. The name of petitioner figured in the case on the confession of the co-accused. The petitioner is also said to have confessed his guilt. Except the confession, the I. O. did not collect any tangible evidence against the petitioner. The petitioner is in jail since 08.04.2013. The petitioner has already remained in jail for two years and three months.

Patna High Court Cr.Misc. No.24661 of 2015 (2) dt.21-07-2015 2/2 Of course the petitioner has got criminal antecedent but since he is in jail for more than two years and three months, the above named petitioner 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 Chief Judicial Magistrate, Aurangabad in Salayia P.S. Case No. 28/09.

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