Harsh Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3097 of 2020 Arising Out of PS. Case No.-380 Year-2019 Thana- MURLIGANJ District- Madhepura ====================================================== HARSH MISHRA S/o Belchu Mishra @ Amitabh Mishra R/o villageMirchaibari, Damgara Tola, P.S.- Jankinagar, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gopal Kumar Jha For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-01-2020 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Murliganj P.S. Case No. 380 of 2019 (CIS No. 2003 of 2019), for the offence registered under Section 392 of the Indian Penal Code. The allegation is regarding unknown miscreants having intercepted the informant and on pistol point they are stated to have snatched a sum of Rs. 34,500/- whereafter while they were fleeing away, one of the said miscreants was caught by the villagers, since he got displaced from his bike and he fell down. The said arrested co-accused person, namely, Bablu Kumar is said to have disclosed the name of the petitioner to be the one who had fled away.

The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case

Patna High Court CR. MISC. No.3097 of 2020(2) dt.18-01-2020 2/2 on the disclosure made by the co-accused person, namely, Bablu Kumar whereas the petitioner has got no complicity in the matter and the looted cash has not been recovered from him. It is further submitted that the petitioner is having a clean antecedent and he is languishing in custody since 24.11.2019.

Having regard to the facts and circumstances of the case, considering the submissions of the learned counsel for the petitioner as also taking into account the period of incarceration of the petitioner, I deem it fit and proper to direct for release of the petitioner herein on regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura in connection with Murliganj P.S. Case No. 380 of 2019 (CIS No. 2003/2019 ).

(Mohit Kumar Shah, J) S.Sb/- U T