Mritujay Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25307 of 2015 Arising Out of PS.Case No. -17 Year- 2010 Thana -TANDWA District- AURANGABAD ======================================================

1. Mritunjay Mishra S/o Late Bindeshwari 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. Raj Ballabh Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 29-10-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is languishing in jail custody since 30-072013 in a case registered under Section 302 & other sections of the Indian Penal Code, 27 of the Arms Act and 17 of the CLA Act. Petitioner is not named but in course of inquiry, he was arrested in connection with another case in which, allegedly, he made his confessional statement, disclosing his involvement in the present case also. Petitioner is said to have been made accused in near about 21 cases but submission on behalf of the petitioner is that petitioner has been remanded in the aforesaid cases without any cogent evidence only on the basis of suspicion. It is also pointed out on behalf of the petitioner that several co-accused

Patna High Court Cr.Misc. No.25307 of 2015 (5) dt.29-10-2015 2/2 persons, having more or less similar allegation, have already granted privilege of bail by different benches of this court. No doubt, petitioner carries criminal antecedent of 21 cases but in the present case, there appears to be no cogent evidence against the petitioner and accordingly, petitioner named above, 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 in connection with Tandwa P.S. Case No. 17 of 2010 corresponding to Sessions Trial No. 107D of 2011/106 of 2014 to the satisfaction of learned Additional Sessions Judge-III, Aurangabad subject to condition that the petitioner shall attend the trial court, in person on each and every date for a period of one year or till conclusion of his trial, whichever is earlier and if, he fails to do so on two consecutive dates without any reasonable cause, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner.

(Hemant Kumar Srivastava, J) A.K.V./- U T