Aman Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18320 of 2020 Arising Out of PS. Case No.-462 Year-2019 Thana- MOTIPUR District- Muzaffarpur ====================================================== AMAN MISHRA S/o Baskidatta Mishra @ Pappu Mishra Resident of Village- Madhukar Chapra, P.S.- Kanti, Distt- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhay Kumar For the Opposite Party/s :

Mr. Ashok Kumar Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-06-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing lock-down on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel appearing for the petitioner and Shri Ashok Kumar, learned A.P.P. for the State. The petitioner seeks regular bail in connection with Motipur P.S. Case No. 462 of 2019 for the offence punishable under Sections 399 and 402 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act. The petitioner is alleged to be having a hand in bank robbery and upon being apprehended by the Police, one

Patna High Court CR. MISC. No.18320 of 2020(2) dt.04-06-2020 2/3 country made pistol with some live cartridges were recovered from the person of the petitioner, upon search being made by the police.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and is languishing in custody since 09.11.2019. It is also submitted that the petitioner is having a fair antecedent inasmuch as he is accused in only one other case.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the period of incarceration of the petitioner, I deem it fit and proper to direct for release of the petitioner on regular bail. Accordingly, the petitioner, above named, is directed to 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 Sub-Divisional Judicial Magistrate,

Patna High Court CR. MISC. No.18320 of 2020(2) dt.04-06-2020 3/3 West Muzaffarpur in connection with Motipur P.S. Case No. 462 of 2019.

(Mohit Kumar Shah, J) S.Sb/- U T