Amresh Mishra @ Chintu Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38918 of 2016 Arising Out of PS.Case No. -353 Year- 2015 Thana -SAKRA District- MUZAFFARPUR ======================================================

1. Amresh Mishra @ Chintu Mishra S/o Shyam Nandan Mishra Resident of Village-mahmadpur Badal, P.S. Sakra, District-Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Bansh Dubey For the Opposite Party/s : Mr. Smt. Reena Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 17-11-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is named in the first information report but general and omnibus allegation of assault has been leveled against the petitioner and other accused. The informant claims that the alleged occurrence took place on 17.10.2015 but he lodged the present case on 18.11.2015, i.e., after one month of the alleged occurrence.

Submission on behalf of the petitioner is that the aforesaid delay in lodging the first information report creates doubt about the genuineness of the prosecution case and, moreover, petitioner does not have any criminal antecedent and the investigation against him has already been completed.

Patna High Court Cr.Misc. No.38918 of 2016 (3) dt.17-11-2016 2/2 Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Muzaffarpur in connection with Sakra P.S.Case No. 353 of 2015.

(Hemant Kumar Srivastava, J) N.K/- U T