Patna High CourtCR. MISC./31751/2017bail granted

Sudhir Kumar Mishra v. The State Of Bihar

2017-07-13Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31751 of 2017 Arising Out of PS.Case No. -2512 Year- 2013 Thana -SIWAN COMPLAINT CASE District- SIWAN ====================================================== Sudhir Kumar Mishra, Son of Uday Narayan Mishra, Resident of House No. 76, Raja Bazar, V.V. Colony, P.S. - Shastrinagar, District- Patna. .... .... Petitioner

Versus

1. The State of Bihar.

2. Satrughan Tiwari, Son of Late Dudhnath Tiwary, Resident of VillageJagarnathpur, P.S.- Goreyakothi, District- Siwan. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Ranjeet Kumar, Advocate For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 13-07-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 10.04.2017 in connection with Complaint Case No. 2512 of 2013 for the offences alleged under Section 406 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated as the complainant has filed the instant complaint in the year 2013 and again a fresh complaint bearing Complaint Case No. 513 of 2016 has subsequently been filed in the year 2016 which has been converted into an FIR bearing Goreyakothi P.S. Case No. 26 of 2016 in which the petitioner has been granted by the learned Sessions Judge, Siwan in B.P. No. 613 of 2017 vide order dated 20.05.2017.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with

Patna High Court Cr.Misc. No.31751 of 2017 (2) dt.13-07-2017 2/2 Complaint Case No. 2512 of 2013 with the following conditions: (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) B.T/Ibrar U T