Barun Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34621 of 2016 Arising Out of PS.Case No. -80 Year- 2016 Thana -DUMRAUN District- BUXAR ====================================================== Barun Mishra Son of Shyam Sunder Mishra, Resident of Village - Budhanpurwa, Sindigate, P.S. - Buxar (T), District- Buxar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravi Shanker Pankaj, Advocate For the Opposite Party/s : Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-10-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 392 of the Indian Penal Code. The prosecution case, in short, is that on the alleged date and time of occurrence when the informant along with costaff Vijendra Yadav was going to Brahampur for collection of money and when they returned to Buxar on Honda motorcycle bearing registration No. BR-44D-8083 and reached at Basauli more, three unknown miscreants, who were on Pulsar motorcycle, called to stop the motorcycle and one of the miscreants pushed his partner, due to which they fell down. One of the miscreants snatched his mobile and motorcycle and cash of Rs.25,000/-, which was kept in dicky of the motorcycle after collection and they fled away towards village Chilhari.

It has been submitted on behalf of the petitioner that

Patna High Court Cr.Misc. No.34621 of 2016 (3) dt.04-10-2016 the petitioner is in custody since 13.6.2016 and charge sheet has been submitted in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. His name has come in the confessional statement of co-accused. He has not been put on Test Identification Parade. There is no recovery of any incriminating article from his possession. It is further submitted that the petitioner may be released after completion of nine months in custody from 13.6.2016.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R. but he is involved in as many as eleven cases.

Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail after completion of nine months in custody from 13.6.2016 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, Buxar in connection with Dumraon P.S. case No.80 of 2016. (Sudhir Singh, J) Narendra/- U T