Mukteshwar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3989 of 2021 Arising Out of PS. Case No.-302 Year-2018 Thana- SAHPUR District- Bhojpur ====================================================== Mukteshwar Mishra Son Of Late Shiv Narayan Mishra Resident Of VillageSonbarsa, Police Station-Shahpur (Karnamepur Op), District-Bhojpur (Bhojpur) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Om Prakash Upadhyay, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 17-08-2021 Heard the parties in virtual Court proceeding. The petitioner is languishing in custody for the offences punishable under Sections 302/120B/34 of the Indian Penal Code.

The petitioner is in custody since 30.09.2018. The petitioner and others allegedly caused indiscriminate firing and death of the son of the informant.

In the past prayer for bail was twice refused. However, the report of the trial Judge dated 09.06.2021 would reveal that the case is still running at the stage of prosecution evidence.

Learned counsel for the informant opposed the prayer for bail. However, the informant has not turned up as

Patna High Court CR. MISC. No.3989 of 2021(5) dt.17-08-2021 2/2 prosecution witness as yet before the trial Judge. Considering the entire facts aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Shahpur (Karnamepur) P.S. Case No.302 of 2018 with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T