Jitendra Mishra @ Jitendra Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51498 of 2014 Arising Out of PS.Case No. -193 Year- 2014 Thana -KHAIRA District- JAMUI ====================================================== Jitendra Mishra @ Jitendra Kumar Mishra son of Devendra Mishra resident of village - Khaira, P.S. Khaira, district - Jamui .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar Sinha For the Opposite Party/s : Mr. Asha Devi(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 30-04-2015 Heard learned counsel for the petitioner as well as learned counsel for the State.

In this application for anticipatory bail the petitioner apprehends his arrest for the offences punishable under sections 395 and 412 of the I.P.C.

Four criminals armed with pistol surrounded the vehicle which was loaded with rice and after entering into the Cabin compelled the driver and khalasi to get down from the vehicle and one of the miscreants took out Rs. 1000/- from the pocket of the informant, but in the meantime when patrolling jeep of Khaira police station came the miscreants started fleeing away but on chase two were caught who disclosed their names as Gobind Mishra and Kumud Sah and Gobind Mishra disclosed the

Patna High Court Cr.Misc. No.51498 of 2014 (2) dt.30-04-2015 2/2 name of other miscreants including the petitioner who had fled away.

Submission is of false implication. The person who disclosed name of the petitioner has got inimical term with the petitioner. Nothing has been recovered from possession of the petitioner and as such the petitioner deserves sympathetic consideration as the two accused who were caught have already been allowed regular bail by a Bench of this Court Vide Cr. Misc. Nos. 49206 of 2014 and 1159 of 2015, to which the learned A.P.P. opposes by submitting that this is pre-arrest bail. Considering that the petitioner has not been caught at the spot rather his name has come in the confessional statement of co-accused made before police and as such the petitioner in case of his arrest or surrender within two months from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of. Sri U.K. Pandey, J.M. 1st Class, Jamui in Khaira P.S. Case No. 193 of 2014/ G.R. No. 1738 of 2014, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) Abhay/- U T