Patna High CourtCR. MISC./35646/2020bail granted

Mohan Kumar Mishra v. The State Of Bihar

2020-12-23Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35646 of 2020 Arising Out of PS. Case No.-951 Year-2019 Thana- FORBESGANJ District- Araria ====================================================== Mohan Kumar Mishra Son Of Ram Chandra Mishra Resident Of Village - Sinhua Laxmipur, P.S. - Kursakanta, District - Araria ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ramesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Akshay Lal Pandit A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-12-2020 Heard learned counsel for the petitioner and the State through Video Conferencing.

The petitioner seeks bail in a case registered for the offence punishable under section 392 and other ancillary sections of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. FIR is against unknown and save and except confessional statement of co-accused, nothing incriminating has come against the petitioner in the investigation. Petitioner has not been put on test identification parade (TIP) till date. Charge sheet has also been filed in the case . He is in custody since 16.6.2020. In the facts of the case, prayer for bail of the petitioner is allowed. Let the petitioner mentioned above be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria in Forbesganj Simraha Police Station Case No. 951/2019 on the following conditions:-

Patna High Court CR. MISC. No.35646 of 2020(2) dt.23-12-2020 2/2

(1) 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 the Court and on his/her absence on two consecutive dates without sufficient reason, his/her 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) Shashi U T