Bhuteli Mishra @ Baidyanath Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43443 of 2016 Arising Out of PS.Case No. -297 Year- 2015 Thana -DARAUNDA District- SIWAN ======================================================

1. Bhuteli Mishra @ Baidyanath Mishra son of late Kamla Mishra, resident of Village- Baunaganj Jalalpur, Police Station- Daraunda, District- Siwan .... Petitioner

Versus

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

For the Petitioner : Mr. Umesh Kumar Mishra, Adv. For the Opposite Party : Mr. Anand Mohan Prasad Mehta, APP 9 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 08-12-2016 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of regular bail for offence under Section 394 of the Indian Penal Code.

Some unknown criminals committed the alleged robbery. The petitioner was arrested on the information of spy. Submission is that only due to criminal record of the petitioner before the police, the petitioner has been implicated in this case. Even after arrest of the petitioner no test identification parade of the petitioner has been done nor anything was recovered from the possession of the petitioner.

Prayer for bail was opposed only on the ground of criminal antecedent of the petitioner.

When there is no material against the petitioner, above named, he is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Daraunda P.S. Case No. 297 of 2015 to the satisfaction of the Additional Chief Judicial Magistrate, VIII, Siwan, or successor Court.

(Birendra Kumar, J) SA/- U √ T √