Patna High CourtCR. MISC./17607/2024bail granted

Sonu Mishra v. The State Of Bihar

2024-03-14Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17607 of 2024 Arising Out of PS. Case No.-1048 Year-2023 Thana- DEHRI TOWN District- Rohtas ====================================================== Sonu Mishra, Son Of Ajay Mishra R/O-Maharajganj, P.S.-KACHHAWAN, Distt.-ROHTAS At Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tribhuwan Narayan, Adv.

For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 14-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Dehri Town P.S. Case No. 1048 of 2023, lodged on 29.12.2023 under Sections 379, 411, 419, 420, 467, 468, 471, 120(B), 34 of the Indian Penal Code.

3. As per the prosecution case, FIR has been lodged against two named accused persons, including the present petitioner. The allegation against the present petitioner is that he has produce forged and fabricated documents before the police and is trying to get help in the release of his tractor.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel

Patna High Court CR. MISC. No.17607 of 2024(2) dt.14-03-2024 2/3 also submits that the petitioner is the owner of the said tractor who in the false personation of the co-accused namely Shiv Ojha who has prepared papers of the tractor and provided to him and the petitioner is completely unaware that the said papers were forged.

5. Learned counsel for the petitioner submits that the criminal antecedent of the petitioner is not clean and there is only one criminal case pending against him in which he is on bail. The petitioner is in custody since 30.12.2023 in the present case.

6. Learned APP for the State opposes the prayer for bail of the petitioner.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be granted bail, but only after framing of charge, if not framed on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Dehri (Rohtas) in connection with Dehri Town P.S. Case No. 1048 of 2023, subject to the conditions as laid down U/s 437(3) Cr.P.C.

8. However, the petitioner shall be granted bail only

Patna High Court CR. MISC. No.17607 of 2024(2) dt.14-03-2024 3/3 on being satisfied by the Trial Court that the petitioner is not absconding in any of the cases pending against him whose details are as follows:- (I)- Dehri (T) P.S. Case No. 123 of 2022.

(Dr. Anshuman, J.) Divyansh/- U T