Prashant Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14757 of 2016 Arising Out of PS.Case No. -156 Year- 2014 Thana -KASIMBAZAR District- MUNGER ======================================================
1. Prashant Mishra Son of Bipin Mishra Resident of village - Hasanpur, Police Station - Muffasil, District - Munger .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjiv Kumar Singh For the Opposite Party/s : Mr. G.S.Gupta(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-06-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.
The petitioner seeks bail in connection with S.T. No. 236 of 2015 arising out of Kasim Bazar P.S. Case No. 156 of 2014 registered for the offences punishable under Sections 307 and 427 of the Indian Penal Code and Sections 3, 4 and 5 of the Explosive Substance Act.
Allegedly, through mobile no. 7870049528 ransom of Rs. 10,00,000/- was demanded on the mobile of the father of the informant and the caller stated his name as petitioner and thereafter, in the morning a bomb like substance was found kept in the Varanda for which a case was registered and again in the night a bomb was thrown to kill the informant and damage the articles. Submission is of false implication and that no one has seen the petitioner exploding the bomb or throwing the same, other co-accused have been allowed bail by different Benches of this Court. There is no other legal and tangible material, the
Patna High Court Cr.Misc. No.14757 of 2016 (5) dt.20-06-2016 2/2 alleged mobile has not been found of the petitioner and without any basis, the petitioner is in custody since 28.01.2015 only on the ground that the petitioner has got criminal antecedent. The learned APP submits that the petitioner has got criminal antecedent as he is involved in 32 cases but in 16 cases he has been acquitted.
In the facts and circumstances stated above, considering the detention of the petitioner, now he is directed to be released on bail on execution of 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 IIIrd, Munger in connection with S.T. No. 236 of 2015 arising out of Kasim Bazar P.S. Case No. 156 of 2014 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J) sushma/- U T