Patna High CourtCR. MISC./22526/2016bail granted

Manoj Kumar Mishra @ Manoj Mishra @ Nunu Mishra v. The State Of Bihar

2016-11-09Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22526 of 2016 Arising Out of PS.Case No. -28 Year- 2014 Thana -BENIPATTI District- MADHUBANI ====================================================== MANOJ KUMAR MISHRA @ MANOJ MISHRA @ NUNU MISHRA son of Phekan Mishra @ Jai Kishore Mishra, R/o village- Durgauli, P.S.- Benipatti, District-Madhubani.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhramveer, Adv. For the Opposite Party/s : Mr. Ram Sevak Choudhary (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-11-2016 Heard both sides.

The petitioner seeks bail in Benipatti P.S. Case No. 28/2014, registered for the offences punishable under Section 307 and other sections of the Indian Penal Code.

The prayer for bail of the petitioner was earlier rejected vide order dated 08.04.2015 passed in Cr. Misc. 4898/15 with a direction to the trial court to conclude the trial within eight months from the date of receipt/production of a copy of this order. It is submitted that till date not a single witness has been examined. The 1st Additional District & Sessions Judge, Madhubani in his report reported that out of nine witnesses four witnesses have been examined and warrant of arrest has been

Patna High Court Cr.Misc. No.22526 of 2016 (3) dt.09-11-2016 2/2 issued against the rest witnesses. Petitioner is in jail since 26.04.2014. Petitioner has already remained in jail for more than two and half years. The allegation against the petitioner is that he stabbed Rajan Kumar Thakur with knife in his abdomen and the intestine came out. Rajan Kumar Thakur is still alive and for that the petitioner has remained in jail for more than two and half years.

Considering the facts aforesaid, the petitioner abovenamed is directed to be enlarged 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 1st Additional District & Sessions Judge, Madhubani in connection with Benipatti P.S. Case No. 28/2014.

(Prabhat Kumar Jha, J.) Vinita/- U T