Tantan Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19375 of 2020 Arising Out of PS. Case No.-213 Year-2010 Thana- LAXMIPUR District- Jamui ====================================================== TANTAN MISHRA Son of Parmanand Mishra Resident of Karngarh, P.S.- Laxmipur, District- Jamui ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Praveen Kumar For the Opposite Party/s :

Mr. Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-06-2020 This case has been heard through videoconferencing. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 364 A of the Indian Penal Code.

While the informant along with his friend Abhimanyu Pandey was going to his sasural in the gangta forest some unknown miscreants stopped his motorcycle and snatched their watch, ring etc. on the threat of arms and they retained his friend saying that go and take rupees five lakhs and if he will disclose this incident to anyone they will eliminate him. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.19375 of 2020(2) dt.09-06-2020 2/3 that the petitioner has no concern with the aforesaid occurrence. He has been falsely implicated in this case. The petitioner is neither named in the F.I.R. nor he was apprehended on the spot. There is nothing in the record indicating the complicity of the petitioner in the occurrence barring the confessional statement made by co-accused before the police, which has no evidentiary value in the eye of law. The petitioner has been languishing in custody since 06.10.2018.

Earlier the petitioner was granted bail by this Court vide order dated 15.11.2011 passed in Cr. Misc. No.36473 of 2011. On 18.06.2014, an information was given by the Jail Superintendent regarding his absconding from the custody of Hazat and his bail bond was cancelled on 18.06.2014. Learned APP for the State vehemently opposed the bail petition.

Considering the antecedent of the petitioner that several criminal cases are pending against him as also the fact that petitioner had absconded from the Jail Hazat, I am not inclined to enlarge the petitioner on bail. The prayer for bail is hereby rejected.

However, the learned Trial Court is directed to conclude the trial as expeditiously as possible, preferably within

Patna High Court CR. MISC. No.19375 of 2020(2) dt.09-06-2020 3/3 one year and six months from the date of receipt/production of a copy of this order. Both the parties are expected to extend their co-operation in conclusion of the trial.

(Anjani Kumar Sharan, J) Trivedi/- U T