Mithoo Mishra @ Dharmendra Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24016 of 2017 Arising Out of PS.Case No. -23 Year- 2017 Thana -KADAMKUAN District- PATNA ======================================================

1. Mithoo Mishra @ Dharmendra Mishra Son of Dinesh Mishra Resident of Village Gangwar, P.S. Runnisaidpur, District- Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nagendra Dubey For the Opposite Party/s : Mr. Sri Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-07-2017 The petitioner seeks regular bail in connection with Kadamkuan P.S. Case No. 23 of 2017, registered for offences punishable under Sections 379, 447, 411, 471, 472 of Indian Penal Code.

Allegation against the petitioner is of stealing the pick-up Van.

It has been submitted on behalf of the petitioner that petitioner's name has surfaced in this case only on the basis of confessional statement and except that there is nothing against him and even the alleged pick-up Van was recovered from the road and persons sleeping there disclosed the name of the petitioner. Further petitioner has been in judicial custody since 17.01.2017. Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.24016 of 2017 (3) dt.07-07-2017 2/3 Having heard both sides, in view of the fact that petitioner's name transpired on this case only on the basis of confessional statement and except that there is nothing against the petitioner and he has clean antecedent and has remained in judicial custody for more than five months, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five) with two sureties of the like amount each to the satisfaction of learned Sub-Judge -VII - cum- ACJM, Patna in connection with Kadamkuan P.S. Case No. 23 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the

Patna High Court Cr.Misc. No.24016 of 2017 (3) dt.07-07-2017 3/3 prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T