Srikant Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58450 of 2017 Arising Out of PS.Case No. -353 Year- 2013 Thana -BUXAR District- BUXAR ====================================================== Srikant Mishra, Son of Late Kedar Nath Mishra, Resident of Village- Jigina, Police Station- Sikraul, District- Buxar.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Rakesh Kumar Sinha, Advocate For the Opposite Party/s : Mrs. Reena Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 12-12-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Sessions Trial No.37 of 2014 arising out of Buxar (T) P.S. Case No. 353 of 2013 registered under Sections 365 of the Indian Penal Code but cognizance has been taken under Sections 364, 364A, 420 and 120B of the Indian Penal Code. It is contended by the learned counsel for the petitioner that neither the petitioner was named in the FIR nor his name transpired during investigation nor he was sent up for trial. In course of trial of some other accused persons, for the first time, some witnesses took his name pursuant to which summons were issued against him in exercise of powers

Patna High Court Cr.Misc. No.58450 of 2017 (2) dt.12-12-2017 conferred under Section 319 of the Cr.P.C., which too was not served upon him as a result of which warrant of arrest has been issued against him. He submitted that because of the issuance of warrant of arrest, the petitioner is apprehending his arrest. Learned counsel for the State does not dispute the contentions made by the learned counsel for the petitioner. He submitted that the petitioner may appear before the court and seek bail.

Considering the facts and circumstances of the case, in the event of arrest or surrender in the court below within four weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-VI, Buxar in connection with S.T. No.37 of 2014 arising out of Buxar (T) P.S. Case No. 353 of 2013 subject to the conditions as laid down under Section 438(2) Cr. P.C.

(Ashwani Kumar Singh, J.) Sanjeet/- U T