Mukul Kumar Misra @ Ankit Kumar Misra @ Ankit Kumar Mishra @ Robin v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13801 of 2022 Arising Out of PS. Case No.-371 Year-2020 Thana- KHAIRA District- Saran ====================================================== MUKUL KUMAR MISRA @ ANKIT KUMAR MISRA @ ANKIT KUMAR MISHRA @ ROBIN SON OF RABINDRA MISHRA R/O VILLAGECHETAN CHAPRA, P.S.- BANIYAPUR, DISTRICT- SARAN ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Yugal Kishore For the Opposite Party/s :
Mr. Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 13-07-2022 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Kharia (Nagar) P.S. Case No. 371 of 2020, registered for the offences punishable under Sections 341, 323, 307, 504, 506/34 of IPC..
As per allegation, when the informant was going to Chapra, the petitioner and his associates intercepted him and one Harshit Kumar @ Aditya Binayak opened fire, which hit the informant on the left side of his waist.
The learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this
2/4 case. He further submits that allegation against the petitioner is general and omnibus in nature. There is no allegation of any overt act against the petitioner. The specific allegation of fire, which hit the informant, is against one Harshit Kumar.
The petitioner is in custody since 25.08.2021 It is also stated in paragraph no. 2 of the petition that the petitioner has not moved earlier either for grant of anticipatory bail or regular bail in the present case. It has further been stated that the petitioner has been made accused in one more case, namely, Ekma P.S. Case No. 295 of 2021.
However, the learned APP for the State has opposed the prayer for bail.
Considering the facts and circumstances the petitioner, above-named, is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Smt. Ruby Kumari, J.M 1st Class, Saran at Chapra in connection with Kharia (Nagar) P.S Case
3/4 No. 371 of 2020 on the following conditions:
(i) The petitioner will make himself available for interrogation by a police officer/court as and when required. (ii) The petitioner will undertake that investigation/trial will not hamper on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required.
(iii) The petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer.
(iv) In case, it is brought to the notice of the court below that the petitioner has criminal antecedent other than the disclosed one, the learned court below shall cancel the bail bond of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedent despite his knowledge of the same. (v) In case, it is brought to the notice of the court below that statement regarding previous bail petition is
4/4 wrong, the learned court below shall cancel the bail bond of the petitioner.
The application stands allowed accordingly.
The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections.
(Jitendra Kumar, J) uttam/- U T