Vibhash Mishra @ Vibhash Chandra Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20529 of 2015 Arising Out of PS.Case No. -56 Year- 2015 Thana -RUPASPUR District- PATNA ====================================================== Vibhash Mishra @ Vibhash Chandra Mishra Son of Siyaram Mishra, resident of Saguna More, Behind Hi Tech Hospital, Police StationDanapur, District- Patna. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.22921 of 2015 Arising Out of PS.Case No. -56 Year- 2015 Thana -RUPASPUR District- PATNA ====================================================== Samir Shankar son of ram Ishwar Singh, resident of Ram Jaipal Nagar, P.S. Rupaspur, District- Patna.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.20529 of 2015) For the Petitioner/s : Mr. Pramod Rajpati For the Opposite Party/s : Mr. Arun Kumar(App) (In Cr.Misc. No.22921 of 2015) For the Petitioner/s : Mr. Sada Nand Ray For the Opposite Party/s : Mr. Nagendra Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 18-06-2015 Heard learned counsel for the petitioners and learned counsel for the State.
In these cases, petitioners are seeking bail in connection with Rupaspur P.S. Case No. 56 of 2015 registered for offences under sections 399, 402 of the Indian Penal Code and
Patna High Court Cr.Misc. No.20529 of 2015 (2) dt.18-06-2015 2/3 Sections 25(1-b) a, 26, 35 of the Arms Act.
On secret information, the Police raided and found, some accused persons assembled in the orchard of guava and banana with the intention to commit a serious crime. On chase, the petitioner and others were arrested and from the possession of the petitioner, nothing has been recovered but from the possession of other two accused persons, arms and cartridges have been recovered.
The counsel for the petitioner in Cr. Misc. No. 20529 of 2015 submits that the petitioner is completing a Management course and intending to get a job but has wrongly been implicated in the present case whereas petitioner of Cr. Misc. No. 22921 of 2015 is a Contractor of the school, has wrongly been arrested. Looking to the facts and circumstances of the case, let the petitioners, above named, be released on bail on their furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Shri Shyamal Kumar, Judicial Magistrate 1st class, Danapur, Patna in connection with Rupaspur P.S. Case No. 56 of 2015, subject to the condition that (i) one of the bailors shall be close relative of the petitioners (ii) if petitioners are found involved in future in similar type of case, the prosecution will be at liberty to make prayer for
Patna High Court Cr.Misc. No.20529 of 2015 (2) dt.18-06-2015 3/3 cancellation of their bail and the court below will pass necessary order, including cancellation of bail and (iii) the petitioners would cooperate the proceeding of the court below. In event of failure to appear on two consecutive dates, the court below will be at liberty to pass the order, including cancellation of bail bonds. (Shivaji Pandey, J) Mahesh/- U T