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Patna High CourtCR. MISC./15163/2016bail granted

Chandan Mistry v. The State Of Bihar

2016-04-12Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15163 of 2016 Arising Out of PS.Case No. -189 Year- 2014 Thana -SIKANDARA District- JAMUI ====================================================== Chandan Mistry son of Bano Mistry .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mrityunjay Kumar For the Opposite Party/s : Mr. Nand Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 12-04-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner along with five other persons is named in the first information report and it is stated that petitioner and three others shot fire on the deceased whereas two F.I.R named accused had hidden themselves in a bush and after the alleged occurrence, they along with other accused fled away from the place of occurrence.

Learned counsel for the petitioner points out that coaccused Ranjan Mahto, Kundan Kumar and Sikander Saw have already been granted privilege of bail by the learned 3rd Additional Sessions Judge, Jamui, whereas co-accused Bano Mistry and Bharat Mahto have been allowed bail by a co-ordinate Bench of this Court but, even then, the learned Second Additional Sessions

Patna High Court Cr.Misc. No.15163 of 2016 (2) dt.12-04-2016 2/2 Judge, Jamui, rejected the prayer for bail of the petitioner without giving any cogent reason.

Taking note of the aforesaid facts as well as this aspect of the matter that only two firearm injuries were found on the person of the deceased and investigation against the petitioner has already been completed, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-II, Jamui in connection with Sikandra P.S.Case No. 189 of 2014.

(Hemant Kumar Srivastava, J) N.K/- U T