Kanhaiya Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32314 of 2015 Arising Out of PS.Case No. -169 Year- 2015 Thana -ARARIA District- ARRARIA ====================================================== Kanhaiya Mishra, S/o Late Manbodh Mishra, Resident of Village Palasi, P.S. Tarabari, District Araria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sarangdhar Jha, Advocate For the Opposite Party/s : Mr. Sanjay Kr.Panday(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 18-08-2015 Heard learned counsel for the petitioner and the learned counsel for the State.

The petitioner is apprehending his arrest in connection with Araria P.S. Case No.169 of 2015 for allegedly having committed the offence under Sections 302 and 201/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that save and except the suspicion that because there was some land dispute existent between the petitioner and his brother (the deceased), there is nothing to suggest that the petitioner was responsible for the aforementioned act of murder. It is submitted that the informant has merely suspected that the petitioner in conspiracy with Pappu Jha and Kusheshwar Jha

Patna High Court Cr.Misc. No.32314 of 2015 (2) dt.18-08-2015 2/2 had killed her husband.

Considering the aforementioned facts and circumstances and that the entire case is based on conjectures and surmises, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of three weeks from the date of receipt/production of a copy of this order, 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 the learned Chief Judicial Magistrate, Araria, in connection with Araria P.S. Case No.169 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T