Sudhir Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23530 of 2017 Arising Out of PS.Case No. -117 Year- 2016 Thana -RAXAUL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Sudhir Mishra, son of Late Shatrughan Mishra, resident of village Gonaha, P.S. Raxaul, District East Champaran .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s : Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-05-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Raxaul P.S.Case No. 117 of 2016 registered for the offences punishable under Sections 363, 365/34 and 302 of the Indian Penal Code.

Petitioner is named in the FIR and there is allegation of kidnapping of the son of the informant and thereafter dead body of son of informant was recovered.

It has been submitted on behalf of the petitioner that the informant is not eye-witness of the occurrence and only on the basis of suspicion he has been made accused in this case. However, one co-accused having similar allegation has been granted bail by this Court in Cr.Misc. No. 1616 of 2017, vide order dated 8.2.2017 and petitioner is in custody for the last 11 months.

Heard learned APP also.

Having heard both sides and considering the aforesaid

Patna High Court Cr.Misc. No.23530 of 2017 (2) dt.17-05-2017 2/2 facts and circumstances and also considering the fact that coaccused having similar allegation has been granted bail, let the petitioner, named above, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the SubDivisional Judicial Magistrate, Raxaul, Motihari, East Champaran, in connection with Raxaul P.S.Case No. 117 of 2016, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties 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 reason, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U