Patna High CourtCR. MISC./32294/2016bail granted

Uttam Mishra @ Dipak Mishra @ Sagar Mishra v. The State Of Bihar

2016-09-21Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32294 of 2016 Arising Out of PS.Case No. -274 Year- 2015 Thana -KOTWALI District- MUNGER ======================================================

1. Uttam Mishra @ Dipak Mishra @ Sagar Mishra Son of Pankaj MIshra, resident of Village- Basgarha, P.S- Basudeopur, O.P. (Kotwali) DistrictMunger. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhirendra Nath Jha For the Opposite Party/s : Mr. Smt. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-09-2016 Heard learned counsel for the petitioner and the State. The petitioner is in custody in a case registered under Section 302/34 of the Indian Penal Code.

It is alleged by the informant that on 12.12.2015 at about 6.30 A.M. his son Manoj Kumar Rajak went to fetch milk and when he reached at a distance of 400-500 meters away from his house, some unidentified criminals shot 3 bullets on him and thereby he died in the way to hospital.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 18.01.2016. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is not named in the FIR. The name of the petitioner has come in the

Patna High Court Cr.Misc. No.32294 of 2016 (3) dt.21-09-2016 2/2 confessional statement of co-accused. Except that there is no other material to suggest the implication of the petitioner in the present case. Other co-accused has been granted anticipatory bail by a coordinate bench of this Court on 19.07.2016 in Cr. Misc. No.24669 of 2016.

On behalf of the State, it is submitted that the petitioner is not named in the FIR.

Considering the aforesaid facts and circumstances of the case, let, above named petitioner, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Munger in connection with Kotwali P.S.Case No.274 of 2015.

(Sudhir Singh, J) singh/- U T