Ashutosh Mishra @ Gawddu @ Guddu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22181 of 2020 Arising Out of PS. Case No.-51 Year-2020 Thana- BHORE District- Gopalganj ====================================================== Ashutosh Mishra @ Gawddu @ Guddu S/o Bhrigunath Mishra Resident of Village and Post-Bhore, Police Station-Bhore, District-Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Sanjana, Advocate For the Opposite Party/s :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 18-08-2020 This matter has been taken up through Video Conferencing.

Let the defects be removed within two weeks after opening of the physical court.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 341/323/326/307/34 of the Indian Penal Code and Section 27 of the Arms Act. The FIR of the occurrence of commission of fire-arm injury was registered against unknown. Name of the petitioner surfaced in the confessional statement of co-accused during investigation of the case.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.22181 of 2020(2) dt.18-08-2020 2/2 petitioner is in custody since 22.02.2020. Investigation of the case is already complete. Petitioner was never put on Test Identification Parade nor any incriminating article was recovered from his possession. Moreover, the petitioner has got no criminal antecedent.

Considering the aforesaid submission, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Bhore P.S. Case No.51 of 2020, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T