Patna High CourtCR. MISC./51671/2017bail granted

Ritesh Mishra v. The State Of Bihar

2017-11-14Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.51671 of 2017 (2) dt.14-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51671 of 2017 Arising Out of PS.Case No. -26 Year- 2017 Thana -SARAI District- VAISHALI(HAJIPUR) ====================================================== Ritesh Mishra Son of Sri Ram Shankar Mishra, Resident of VillageAkhtiyarpur Patehda, P.S.-Sarai, District-Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. A.K.Thakur, Advocate Mr. Ravi Ranjan, Advocate For the Opposite Party/s : Mr. Rajendra Pd. Nat,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 14-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. As prayed learned counsel for the petitioner is permitted to make correction in para 15 of the petition as the petitioner has been in custody since 23.08.2017 in place of 11.02.2017 as stated, in course of the day.

3. The petitioner is in custody since 23.08.2017 in connection with Sarai P.S. Case No. 26 of 2017 for the alleged offences under Sections 379, 414/34 of the Indian Penal Code.

4. It is submitted that the petitioner has been falsely implicated and there is delay of two days in instituting the FIR on 10.02.2017 for the alleged occurrence on 08.02.2017 without proper explanation for the delay. No recovery of any incriminating articles has been made from the possession of the petitioner.

5. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction

Patna High Court Cr.Misc. No.51671 of 2017 (2) dt.14-11-2017 of learned Additional Chief Judicial Magistrate-XIV, Vaishali at Hajipur in connection with Sarai P.S. Case No. 26 of 2017 on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/BT U T