Ramakant Mishra And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6963 of 2017 Arising Out of PS.Case No. -94 Year- 2016 Thana -SHAMBHUGANJ District- BANKA ======================================================
1. Ramakant Mishra, Son of Satish Mishra
2. Satish Mishra, Son of Dina Mishra, Both the Resident of VillageMirjapur, Police Station-Shambhuganj, District-Banka. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Balram Kapri, Advocate For the Opposite Party/s : Smt. Suman Kumari Singh, (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-03-2017 Heard learned counsel for the petitioners and learned counsel representing the State.
The petitioners apprehend their arrest in connection with Shambhuganj P.S. Case No. 94 of 2016, registered for the offences punishable under Sections 302, 120(B)/34 of the Indian Penal Code.
Allegedly, the son of the informant went to Tarapur market and did not return and the following morning his dead body was recovered. It is stated that these petitioners and others had previously threatened the informant and his family members with dire consequences.
Submission is of false implication and that except the suspicion raised in the F.I.R. there is nothing incriminating materials against the petitioners. It is also not the case that only one or two days prior to the occurrence such threatening was given
Patna High Court Cr.Misc. No.6963 of 2017 (4) dt.17-03-2017 2/2 to the informant, there was no material that they have been seen on or around the place of occurrence during relevant time. Petitioner no.2 has got clean antecedent and against petitioner no.1 there is one case being Shambhuganj P.S. Case No. 24 of 2015 has been registered under Section 135 of Electricity Act. Other co-accused namely Subhash Singh, Bipin Singh and Bivash Singh have been allowed pre-arrest bail vide Cr. Misc. No. 43045 of 2016 by another co-ordinate Bench of this Court.
The learned A.P.P. on the other hand submits that the petitioners are named in the F.I.R. and in the case diary also the witnesses have stated that they have caused threats earlier. In the facts and circumstances as stated above, the petitioners in the event of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka, in connection with Shambhuganj P.S. Case No. 94 of 2016, subject to the conditions as laid down in section 438(2) of the Cr.P.C. (Jitendra Mohan Sharma, J.) Rajiv/- U T