Vishnudeo Mistri @ Vishunudeo Mistri @ Sanny v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30671 of 2019 Arising Out of PS. Case No.-47 Year-2013 Thana- KHUDWA District- Aurangabad ====================================================== Vishnudeo Mistri @ Vishundeo Mistri @ Sanny, aged about 55 years, Male Gender, Son of Late Dukhi Mistri, Resident of Village-Raja Bigha, P.S.- Salaiya, District-Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tej Narayan Singh, Adv.

For the Opposite Party/s :

Mr.Md. Matloob Rab, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-07-2019 Heard learned counsel for the petitioner, the informant and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 147, 148, 149, 427, 302 of the Indian Penal Code and 27 of the Arms Act, 17 of C.L.A. Act and 3/4/5 of E.S.A. Act and 3 /4 of PDPP Act and 10/20 of U.A.P.A. Act. It has been submitted on behalf of the petitioner that the petitioner is in custody since 05.01.2018 and is not named in the FIR, but the Vijay Singh is named in FIR and his confessional statement the name of the petitioner has come. In similar allegation against the other co-accused have already been granted bail by this Hon'ble Court vide in Cr. Misc. No. 22339 of 2014 dated 06.01.2015, in Cr. Misc. No. 7813 of 2015 dated 26.02.2015, in Cr. Misc. No. 51966 of 2014 dated 04.03.2015, in Cr. Misc. No. 10068 of 2015 dated 07.05.2015 and in Cr. Misc. No. 7243 of 2018 dated 07.02.2018

Patna High Court CR. MISC. No.30671 of 2019(4) dt.04-07-2019 2/2 respectively.

Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 Khudwan P.S. Case No. 47 of 2013 to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad, subject to the 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 Court and his absence on two consecutive dates without sufficient reasons, 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.

(Anjani Kumar Sharan, J) amitkumar/- U T