Patna High CourtCR. MISC./44363/2015bail granted

Bambam Mishra v. The State Of Bihar

2015-12-03Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44363 of 2015 Arising Out of PS.Case No. -91 Year- 2015 Thana -LAXMIPUR District- JAMUI ======================================================

1. Bambam Mishra son of Pramanand Mishra resident of village Karnpur, P.S. Laxamipur, District Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar Sinha For the Opposite Party/s : Mr. Md.Sufiyan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-12-2015 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Laxamipur P.S. Case No. 91 of 2015 registered for the offences punishable under Sections 25(1-B)a of the Indian Penal Code and Section 26 of the Arms Act.

Allegedly on the basis of the confession of the petitioner, 18 live cartridges of .315 bore and 4 live cartridges of .303 bore were recovered from the house of the petitioner and it is alleged that the brother of the petitioner namely, Tantan Mishra is absconding accused.

Submission is of false implication and that the brother of the petitioner was being searched and the police after showing

Patna High Court Cr.Misc. No.44363 of 2015 (3) dt.03-12-2015 2/2 recovery arrested the petitioner. To put pressure, the petitioner has been made scapegoat, resulting he is suffering in custody since 17.05.2015.

The learned A.P.P. fairly submits that considering the detention of the petitioner, now lenient view can be taken. In the facts and circumstances stated above, the petitioner, above named, 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 S.D.J.M., Jamui arising out of Laxamipur P.S. Case No. 91 of 2015 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