Laddu Mishra @ Birendra Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32977 of 2024 Arising Out of PS. Case No.-206 Year-2017 Thana- NARPATGANJ District- Araria ====================================================== Laddu Mishra @ Birendra Mishra S/o Shridhar Mishra R/o Village Fatehpur, Ward No 9, PS Narpatganj, Distt. - Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar Jha, Advocate For the Opposite Party/s :
Mr.Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-05-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Narpatganj P.S. Case No. 206 of 2017 instituted for the offences under Sections 341, 448, 323, 307, 504, 506/34 of the Indian Penal Code.
3. Prosecution allegation, in short, is that on 16.05.2027 in the morning at about 3.00 a.m. informant went out to discharge feces and when she returned to her house four persons grabbed her to which she shouted so the accused persons with intention to kill stabbed her due to which she was badly injured. She only identified this petitioner and his brother-in-law Manoj Jha. The reason of occurrence is the previous enmity.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.32977 of 2024(2) dt.01-05-2024 2/3 petitioner is innocent and has falsely been implicated in this case. The informant and petitioner are co-villagers. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Charge-sheet has been submitted in this case under Sections 341, 448, 323, 324, 307, 504, 506, 34 of the I.P.C. The petitioner is in judicial custody since 08.01.2024 and has got no criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayed for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and the period of custody of the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the Court below/concern Court in connection with Narpatganj P.S. Case No. 206 of 2017, subject to the following conditions:- (I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every dated fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
Patna High Court CR. MISC. No.32977 of 2024(2) dt.01-05-2024 3/3 (III) If the petitioner tampers with evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(IV) If the petitioner is found involved in similar nature of offence in future, the Trial Court will have the liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J) lata/- U T