Situ Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14094 of 2020 Arising Out of PS. Case No.-358 Year-2018 Thana- BHORE District- Gopalganj ====================================================== Situ Mishra Son of Mani Mishra @ Madi Nath Mishra Resident of Village - Sisai, Police Station - Bhorey, District - Gopalganj. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Kumar Singh, Adv.
For the Opposite Party/s :
M/s. Pushpa Sinha.1, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 13-05-2020 Heard learned counsel appearing for the petitioner as well as learned counsel appearing for the State through video conferencing.
Petitioner seeks bail in connection with Bhorey P.S. Case No. 358 of 2018 registered for the offences punishable under Sections 272, 273, 420 of the Indian Penal Code and Sections 30(a), 35, 38 of Bihar Prohibition and Excise Act, 2018.
Petitioner is in jail custody since 20.11.2019 but from perusal of the first information report it would appear that alleged recovery was made from an open field and the name of the petitioner and others was disclosed by the local people. Although, petitioner does have criminal antecedent of
Patna High Court CR. MISC. No.14094 of 2020(2) dt.13-05-2020 2/2 similar cases but considering the facts of the present case as well as submissions of the parties, let 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 Additional Sessions Judge II cum Special Judge, Excise, Gopalganj in connection with Bhorey P.S. Case No. 358 of 2018.
However, it is made clear that if the petitioner fails to make available sureties due to lockdown as well as due to prevailing situation, the concerned court shall release the petitioner provisionally on personal bond with condition that petitioner shall furnish the sureties when lockdown is over. (Hemant Kumar Srivastava, J) shahzad/- U T