Hirdaya Nand Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40627 of 2016 Arising Out of PS.Case No. -53 Year- 2016 Thana -BANIAPUR District- SARAN ====================================================== Hirdaya Nand Mishra, son of Late Shieo Shankar Mishra, resident of village- Lulha Dhanaw, P.S. Baniapur, District- Saran at Chapra .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Pramod Ban Bihari Singh For the Opposite Party/s : Mr. Sri Umeshnand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 04-10-2016 Heard Sri Dhirendra Singh, learned counsel, who was assisted by Sri Pramod Ban Bihari Singh, learned counsel for the petitioner and Sri Umeshanand Pandit, learned Addl. Public Prosecutor.

The sole petitioner, who is in custody in Baniapur P.S. Case No.53 of 2016 registered for the offence under Sections 341, 323, 504, 307/34 of the Indian Penal Code and subsequently Section 302 of the Indian Penal Code was added, has prayed for grant of bail mainly on the ground that though in the F.I.R. the petitioner has been arrayed as one of the accused, but there is no specific accusation against the petitioner. He submits that the informant has specifically alleged regarding overt act committed against other accused. So far as the petitioner is concerned, there was no specific overt act against him. He further submits that in

Patna High Court Cr.Misc. No.40627 of 2016 (2) dt.04-10-2016 2/3 this case, other two accused persons, namely, Pawan Kumar Mishra @ Pawan Mishra and Diraj Mishra @ Chuman Mishra , having similar accusation, have already been extended the privilege of bail vide order dated 13.07.2016 passed in Cr.Misc.No.19764 of 2016. He submits that from the F.I.R. it is evident that land dispute in between the parties is going on. He submits that from petitioner's side an F.I.R. vide Baniapur P.S. Case No.52/2016 was also lodged prior to lodging of the present case.

Keeping in view the fact that there was no accusation regarding overt act against the petitioner as well as the fact that other two accused persons having similar accusation have already been granted bail, there is no reason to deny the prayer for bail of the petitioner. Accordingly, let the petitioner, namely, Hirdaya Nand Mishra 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 learned Chief Judicial Magistrate, Saran at Chapra in connection with Baniapur P.S. Case No.53 of 2016 with conditions that (i) one of the bailors must be blood relation of the petitioner and (ii) During the trial, the petitioner shall remain physically present before the court below on each and every date. If continuously on two dates, the petitioner remains absent without

Patna High Court Cr.Misc. No.40627 of 2016 (2) dt.04-10-2016 3/3 prior permission of the trial court, his bail bond shall stand automatically cancelled.

(Rakesh Kumar, J) NKS/- U T