Dina Nath Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19229 of 2022 Arising Out of PS. Case No.-486 Year-2019 Thana- BIKRAMGANJ District- Rohtas ====================================================== Dina Nath Mishra S/o Late Satya Narayan Mishra R/o Village- Indrath Khurd, P.S.- Bikramganj, District- Rohtas (Bihar) ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar Pandey, Advocate For the Opposite Party/s :
Mr.Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 29-07-2022 Heard learned counsel for the petitioner and learned APP for the State in Virtual Court Proceeding. Let the defect(s), if any, as pointed out by the office, be removed within four weeks.
The petitioner is in custody in connection with Bikramganj P.S. Case No. 486 of 2019 under sections 467, 468 and 420 of the Indian Penal Code.
The allegation in the FIR against the petitioner is of purchasing land from said vendor/accused to whom the property did not belonged to.
Counsel for the petitioner submits that he is paying the price for purchasing the land for which both the informant and the co-accused were fighting with each other. He further submits that vendor of the land is Bachmuni Devi, daughter of
Patna High Court CR. MISC. No.19229 of 2022(2) dt.29-07-2022 2/3 late Yamuna Mishra who has since been released on anticipatory bail vide Cr. Misc. No. 19710 of 2021 disposed of on 01.04.2022 while he despite being vendee is suffering by being in jail since 18.1.2022.
Taking into account the fact that the vendor of the land, namely Bachmuni Devi has since been granted the privilege of anticipatory bail, the petitioner is vendee, is in jail since 18.1.2022 and charge-sheet stands submitted, this Court is inclined to grant him the privilege of bail.
Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned A.C.J.M., Bikramganj, Rohtas, in connection with Bikramganj P.S. Case No. 486 of 2019 subject to the following conditions: (i) one of the bailors should be the family members of the petitioner, who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;
(iii) he shall appear before the concerned police
Patna High Court CR. MISC. No.19229 of 2022(2) dt.29-07-2022 3/3 station every fortnight for next six months to mark his presence;
(iv) he shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of his bail bonds;
With the aforesaid observations, the bail application is allowed.
(Rajiv Roy, J) Ravi/- U T