Sumit Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21427 of 2018 Arising Out of PS. Case No.-23 Year-2017 Thana- JHANJHARPUR District- Madhubani ====================================================== Sumit Mishra S/o Phool Chandra Mishra R/o Village - Ujan, PS - Sakatpur, District - Darbhanga.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shankar Kumar Thakur For the Opposite Party/s :

Mr. Md. Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 26-04-2018 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Jhanjharpur P.S. Case No. 23 of 2017 dated 16.02.2017 instituted for the offences under Sections 397, 511, 401, 468 and 471 of the Indian Penal Code.

One person was found to be breaking the lock of the motorcycle of the informant. The aforesaid person was arrested who disclosed his name as Biru Kumar Yadav. Another associate of his viz. Sukhlal Yadav managed to flee away on a motorcycle. The name of the petitioner has transpired on the statement of one Junaid Alam. The petitioner is not named in the FIR and no T.I. parade also was held. Nothing has been recovered from

Patna High Court Cr.Misc. No.21427 of 2018(2) dt.26-04-2018 2/2 the possession of the petitioner.

Learned counsel for the petitioner has submitted that in the earlier instance also, at the instance of Junaid Alam, he was made an accused in which case he has been granted anticipatory bail. Considering the aforesaid facts, the petitioner above named is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Jhanjharpur in connection with Jhanjharpur P.S. Case No. 23 of 2017, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) Krishna/- Sneha U T