Patna High CourtCR. MISC./46411/2016bail granted

Prince Mishra v. The State Of Bihar

2016-10-22Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46411 of 2016 Arising Out of PS.Case No. -138 Year- 2016 Thana -LAXMIPUR District- JAMUI ====================================================== Prince Mishra son of Late Chandra Shekhar Mishra, resident of VillageNawkadih, P.S. Laxmipur, District- Jamui .... .... Petitioner

Versus

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

For the Petitioner : Mr. Mukul Jee, Adv. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 22-10-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 27.08.2016 in connection with Laxmipur P.S. Case No. 138 of 2016 for the offences alleged under Sections 399, 402, 120(B) of the Indian Penal Code and Sections 25(1-b)a, 26 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated and admittedly only a mobile phone was recovered from the possession of the petitioner and no arms have been recovered from him. The petitioner is on bail in the other case in which he has been made accused.

4. 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 Judicial Magistrate, Ist Class, Jamui, in connection with Laxmipur P.S. Case No. 138 of 2016, with the following conditions:- (i) That one of the bailors will be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar

Patna High Court Cr.Misc. No.46411 of 2016 (2) dt.22-10-2016 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 to do so on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Md. Ibrarul/BT U T