Mritunjay Mishra @ Mritunjay Jee @ Mirtunjay Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24981 of 2015 Arising Out of PS.Case No. -61 Year- 2012 Thana -GOH District- AURANGABAD ====================================================== Mritunjay Mishra @ Mritunjay Jee @ Mirtunjay Mishra S/o Late Bindeshwar Mishra r/o village - Misir Bigha, P.S. Pauthu, in the District of Aurangabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Singh For the Opposite Party/s : Mr. Madan Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-07-2015 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in a case instituted for the offence under Sections 147, 148,149, 436, 384,427, 120B of the Indian Penal Code and Section 17 of the C.L.A. Act. It is the case of the prosecution that the informant is posted as guard in MBL Company which does the work of construction of road and bridge. The construction work of a bridge was in progress on NH 68. On 16.1.2012 they were sleeping in tent. At about 12.30 A.M. 15 armed persons came there and asked about the owner. They set fire in the Road Pever machine and tent. During the occurrence they were telling the names of other criminals. Due to fire, Road Pever etc. had been

Patna High Court Cr.Misc. No.24981 of 2015 (2) dt.20-07-2015 2/2 burnt. Then criminals went away giving slogans CPIM Zindabad and also left the pamphlet there.

On behalf of the petitioner it has been submitted that the petitioner is not named in the FIR. The name of the petitioner has appeared on the basis of confessional statement of co-accused Bihari Chandrabanshi. It has been further submitted that the petitioner has falsely been implicated in the present case. He is in custody since 5.9.2013 and charge sheet has been submitted in the case.

On behalf of the State it has been submitted that the petitioner is accused in as many as 14 cases relating to similar nature.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The prayer is, accordingly, rejected.

However, the Trial Court is directed to conclude the trial of the case within a period of six months from the date of receipt/production of a copy of this order.

(Sudhir Singh, J) S.Pandey/- U