Ravi Shankar Mishra @ Ravi Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6375 of 2021 Arising Out of PS. Case No.-404 Year-2019 Thana- GORAUL District- Vaishali ====================================================== Ravi Shankar Mishra @ Ravi Mishra Son of Suresh Mishra @ Suresh Kumar Mishra Resident of Village - Majhauli, P.S.- Bidupur in the Distt.of Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

13-04-2021 Heard learned counsel for the parties through virtual mode.

The petitioner seeks bail in Goraul P.S. Case No. 404 of 2019, registered for the offence under Sections 399, 402 of the Indian Penal Code and Sections 25(1-b)A/26/35 of Arms Act.

As per the prosecution case, one country-made pistol alongwith one live cartridge has been recovered from the possession of the petitioner.

It is submitted on behalf of petitioner that nothing has been recovered from conscious possession of the petitioner. Petitioner claims clean antecedent and he is in custody since 03.11.2019 Considering the period of custody coupled with the

Patna High Court CR. MISC. No.6375 of 2021(2) dt.13-04-2021 2/2 fact that petitioner has got clean antecedent, the bail application of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Goraul P.S. Case No. 404 of 2019, on the following conditions:

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

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T