Gajendra Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38440 of 2018 Arising Out of PS. Case No.-57 Year-2016 Thana- SUGAULI District- East Champaran ====================================================== Gajendra Kumar Mishra S/o Bishwanath Mishra, R/o Vill.- Biguiya, P.S.- Sugauli, District- East Champaran (Motihari). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar For the Opposite Party/s :

Mr. Sri Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 24-08-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in Sugauli P.S. Case No. 57 of 2016 (Sessions Trial No. 391 of 2017) registered for the offence punishable under Sections 302, 201 and 34 of the Indian Penal Code.

Informant in his written report has stated that on 26.02.2016 at about 3:00 pm, his son while playing outside the house became untraceable. Thereafter he started searching for his son but he was not found and in the morning he came to know that the dead body of his son is lying near the bridge beside the railway crossing.

It has been submitted on behalf of the petitioners that they are innocent and have been falsely implicated in this case

Patna High Court Cr.Misc. No.38440 of 2018(3) dt.24-08-2018 2/2 on suspicion and due to dirty village politics. Similarly, situated co-accused persons have been granted bail by co-ordinate benches of this Court vide order dated 06.09.2017 in Criminal Miscellaneous No. 28189 of 2016 and dated 07.03.2018 in Criminal Miscellaneous No. 12984 of 2018. Petitioners have got no criminal antecedent and are in custody since 27.02.2017. Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned 13th Addl. Sessions Judge, East Champaran, Motihari, in connection with Sessions Trial No. 391 of 2017 arising out of Sugauli P.S. Case No. 57 of 2016.

(S. Kumar, J) ranjan/- U