Patna High CourtCR. MISC./53850/2018bail granted

Ashish Mishra @ Ashish Kumar Mishra v. The State Of Bihar

2018-11-02Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53850 of 2018 Arising Out of PS.Case No. -890 Year- 2017 Thana -SAHARSA District- SAHARSA ======================================================

1. Ashish Mishra @ Ashish Kumar Mishra, Son of Manoj Kumar Mishra, Resident of Village- Tiwari Tola, Ward No 33, P.S.- Saharsa, DistrictSaharsa. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. Sri Arbind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 02-11-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Saharsa Sadar P.S. Case No. 890/2017, instituted for the offences under Sections 341, 323, 307 and 34 of the Indian Penal Code read with Section 27 of Arms Act.

Prayer of bail of the petitioner was earlier rejected by a Co-ordinate Bench of this Court in Cr. Misc. No. 6830/2018 dated 05.02.2018 with liberty to the petitioner to renew his prayer for bail after six months.

It is alleged in the written report that this petitioner has caused firearm injury on the right elbow of informant. Report of the court below has been received in this

Patna High Court Cr.Misc. No.53850 of 2018 (4) dt.02-11-2018 2/2 case, wherein it is mentioned that charge has been framed on 12.10.2018 and the case is fixed for prosecution evidence. It is further mentioned that trial is likely to be concluded within four months.

Petitioner is in custody since 06.09.2017.

Keeping in view the period of custody of the petitioner and trial is not likely to be concluded within short time, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, 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, Saharsa in connection with Saharsa Sadar P.S. Case No. 890/2017, subject to the conditions that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J.) Rakhi U T