Kamendra Mishra @ Karmendra Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42196 of 2019 Arising Out of PS. Case No.-108 Year-2019 Thana- SAHPUR District- Bhojpur ====================================================== Kamendra Mishra @ Karmendra Mishra Son of Late Uma Shankar Mishra Resident of Village-Dewkuli Police Station-Brahmpur, District-Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nitya Nand Tiwary For the Opposite Party/s :

Mr.Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 399, 402, 414 of the Indian Penal Code and Sections 25(1-B)a/26/35 of the Arms Act.

Allegedly, the informant on secret information about criminal activity, reached at the place of occurrence and caught three persons. On search, two live cartridges, a knife, a mobile and a motorcycle were recovered.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 04-05-2019. Charge sheet has already been submitted. No arms is alleged to have been recovered from possession of the petitioner. Arms are said

Patna High Court CR. MISC. No.42196 of 2019(2) dt.09-07-2019 2/2 to have been recovered from the co-accused namely Sonu Nut and Birju Nut. The motorcycle in question belongs to the petitioner.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur, Ara in connection with Shahpur P.S. Case No. 108 of 2019.

(Sudhir Singh, J) A.K.V.//- U T