Patna High CourtCR. MISC./11455/2020bail granted

Rahul Mishra v. The State Of Bihar

2020-02-28Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11455 of 2020 Arising Out of PS. Case No.-380 Year-2019 Thana- CHIRAIYA District- East Champaran ====================================================== RAHUL MISHRA S/o Santosh Mishra Resident of Village- Gola Pakadiya, P.S.- Lakhaura, Distt- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhurendra Kumar For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-02-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 326, 302, 394 of the Indian Penal Code.

The prosecution case in short is that the informant received information that his son was killed by unknown accused persons.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 30.07.2019. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner is not named in the F.I.R.. The name of the petitioner has transpired on the basis of confessional statement

Patna High Court CR. MISC. No.11455 of 2020(2) dt.28-02-2020 2/2 made before the police which is not admissible in the eye of law. There is no recovery of any incriminating articles from the possession of the petitioner. Other co-accused has been granted bail vide Annexure-2 to the present application. On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Sikrahna at Dhaka, East Champaran at Motihari in connection with Chiraiya P.S. Case No. 380 of 2019.

(Sudhir Singh, J) Pankaj/- U