Patna High CourtCR. MISC./30170/2018bail granted

Om Prakash Mishra v. The State Of Bihar

2019-04-09Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30170 of 2018 Arising Out of PS. Case No.-63 Year-2013 Thana- SAHPUR District- Bhojpur ====================================================== Om Prakash Mishra son of Shiv Nandan Mishra, resident of VillageSonbarsa, P.S. Shahpur, District- Bhojpur at Ara. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sada Nand Roy, Adv.

For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 302, 307, 120(B), 34 of the Indian Penal Code and section 27 of the Arms Act. Though in the F.I.R. allegation is that after firing made by Dhananjay Mishra the petitioner has also fired causing injury and death of Krishna Ojha. However, the informant was examined during course of trial as P.W. 3 and he did not support that he had seen the assailants.

Petitioner is in custody since 27.11.2014.

Considering the period of custody already undergone by the petitioner, let the petitioner above-named, be released on bail on furnishing bail bond of Rs. 20,000 (Twenty thousand)

Patna High Court CR. MISC. No.30170 of 2018(12) dt.09-04-2019 2/2 with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Shahpur P.S. Case No. 63/13 corresponding to Sessions Trial No. 377/16, subject to the condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further the petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) vinita/- U T