Chhote Lal Mistry v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21618 of 2022 Arising Out of PS. Case No.-103 Year-2018 Thana- NIMCHAKBATHANI District- Gaya ====================================================== Chhote Lal Mistry Son of Sarun Mishtry Resident of Village - Simraur, P.s.- Neemchak Bathani, Distt.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivendra Prasad, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar Singh, Adv.

For the Informant :

Mr. Ajay Kumar Thakur, Adv.

Mr. Shivam, Adv .

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-04-2022 Heard the learned counsel for the parties.

The present petition has been filed for grant of provisional bail in connection with Neemchak Bathani P.S. Case No. 103 of 2018 for the offence punishable under Sections 379, 511, 34 and other allied sections of the Indian Penal Code. The learned counsel for the petitioner has submitted that the marriage of the daughter of the petitioner is to be solemnized on 14.05.2022, hence the petitioner be granted provisional bail to attend the marriage ceremony of his daughter so that he can perform the requisite rituals. The learned APP for the State, Shri Sanjay Kumar

Patna High Court CR. MISC. No.21618 of 2022(2) dt.27-04-2022 2/3 Singh and the learned counsel for the informant, Shri Shivam, have appeared. It is submitted by the learned APP that considering the nature of offence committed by the petitioner, though he may be granted provisional bail for the purposes of solemnizing the marriage of his daughter , however, certain conditions may be imposed so as to secure his presence. Having regard to the facts and circumstances of the case, I deem it fit and proper to grant provisional bail to the petitioner w.e.f. 12.05.2022 to 17.05.2022, subject to such conditions as may be deemed fit and proper to be imposed by the learned court of Judicial Magistrate-1st Class, Gaya in connection with Neemchak Bathani P.S. Case No.

103 of 2018 as also subject to the learned court below verifying about the genuineness of the claim of the petitioner regarding marriage of his daughter. It is further directed that the petitioner, upon grant of provisional bail shall be under police custody and necessary police personnel shall be deputed so as to take care that the petitioner does not abscond and is brought back to jail immediately after expiry of the period of provisional bail i.e. on 17.05.2022 at 11 A.M.

The present petition stands disposed of on the aforesaid terms.

Patna High Court CR. MISC. No.21618 of 2022(2) dt.27-04-2022 3/3 Let a copy of this order be transmitted to the Senior Superintendent of Police, Gaya for necessary compliance. (Mohit Kumar Shah, J) Tiwary/- U