Bachchu Mishra @ Bachhu Mishra @ Bibhash Kumar Mishra @ Bibhas Mishra @ Bachhu Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 34958 of 2016 Arising out of P.S. Case No. - 39 Year - 2014 Thana - NIMACHANDPUR District - BEGUSARAI ====================================================== BACHCHU MISHRA @ BACHHU MISHRA @ BIBHASH KUMAR MISHRA @ BIBHAS MISHRA, S/o Late Rajesh Mishra, R/o village - Ramdiri, Loka Singh Tola, P.S. - Matihani, Dist. - Begusarai .... .... Petitioner

Versus

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

For the Petitioner : Mr. Vinod Gautam, Advocate For the Opposite Party : Mr. Dr. Ajeet Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-10-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 27.04.2015 in connection with S.T. No. 99 of 2016 arising out of Nimachand Pura P.S. Case No. 39 of 2014 for the offence instituted under Section 395 of the Indian Penal Code. The prosecution story, in brief, is that from the petrol pump of the informant five miscreants on the point of country made pistol snatched Rs.40,000/- from diesel nozzle man Murari Thakur and Rs.20,000/- from Anil Tanti who is a petrol nozzle man.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 27.04.2015 and the charge sheet has been submitted in the present case. There is no allegation of

Patna High Court Cr.Misc. No.34958 of 2016 (3) dt.17-10-2016 2/2 tampering of the witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. and he has not been put on T.I.P. There is no recovery of any incriminating article from the possession of the petitioner.

On behalf of the State, it has been submitted that the name of the petitioner has come on the basis of confessional statement of co-accused before the police.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (The Thousand) with two sureties of the like amount each to the satisfaction of the learned 7th Additional Sessions Judge, Begusarai in connection with S.T. No. 99 of 2016 arising out of Nimachand Pura P.S. Case No. 39 of 2014. Kundan (Sudhir Singh, J) U T