Ravindra Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79297 of 2018 Arising Out of PS. Case No.-347 Year-2015 Thana- PAHARPUR District- East Champaran ====================================================== Ravindra Mishra Son of Bholi Mishra Resident of Village- Lakhanipur, P.S.- Paharpur, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dilip Kumar Tondon For the Opposite Party/s :

Mr.Smt. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 23-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Paharpur P.S. Case No. 347 of 2015 arising out of Session Trial No.659 of 2018 registered for the offence punishable under Sections 363, 364, 365, 367 and 368 of the Indian Penal Code.

Informant has stated in his written complaint that his uncle Ram Belash Mahto had executed a sale deed in favour of Ravindra Mishra and thereafter he is missing. He suspects that Ravindra Mishra has abducted and killed him and when he inquired from his family they abused him as such he has suspicion that petitioner has killed his uncle and concealed his dead body.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case only

Patna High Court Cr.Misc. No.79297 of 2018(3) dt.23-01-2019 2/2 on the basis of suspicion. Petitioner has got no criminal antecedent and is in custody since 30.07.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge, Motihari in connection with Paharpur P.S. Case No. 347 of 2015 arising out of Session Trial No.659 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) ranjan/manojU T