Bhim Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 51897 of 2015 Arising Out of PS.Case No. -298 Year- 2015 Thana -BUXAR District- BUXAR ====================================================== Surendra Mishra @ Chhotu Mishra, son of Harendra Mishra, resident of Village - Sohanipatti, Police Station - Buxar (T) in the district of Buxar. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== with Criminal Miscellaneous No. 54223 of 2015 Arising Out of PS.Case No. -298 Year- 2015 Thana -BUXAR District- BUXAR ====================================================== Bhim Mishra Son of Sri Ashok Kumar Mishra @ Ashok Mishra Resident of Darji Mohalla, Buxar, P.S. - Buxar (T), District - Buxar .... .... Petitioner

Versus

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

(In Cr.Misc. No.51897 of 2015) For the Petitioner/s : Mr. Sunil Kumar For the Opposite Party/s : Mr. Manish Kumar 2 (App) (In Cr.Misc. No.54223 of 2015) For the Petitioner/s : Mr. Amarendra Kumar Pathak For the Opposite Party/s : Mr. Suman Kumari Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

30-11-2015 In both the bail petitions, accused are in custody in Buxar (Town) P.S. Case No. 298 of 2015 registered for the offence under Section 307 & other allied sections of the Indian Penal Code and as such, both the petitions were taken together and are being disposed of by this common order.

Learned counsel for petitioners in both the cases have

Patna High Court Cr.Misc. No.51897 of 2015 (2) dt.30-11-2015 2/2 argued that there is no specific accusation against either of the petitioners. It was submitted that there is general and omnibus allegation and petitioners are already in custody. It was alleged that in the jail premises itself, some occurrence had taken place. It has been argued that one of the co-accused, having similar accusation, has been granted bail by this Court, vide Cr. Misc. No. 42762 of 2015 on 17-09-2015.

Keeping in view the fact that almost on similar accusation, one of the co-accused has been granted bail, there is no reason to deny the prayer for bail of petitioner. Let the petitioners of both the cases namely Surendra Mishra @ Chhotu Mishra and Bhim Mishra be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar/concerned court in connection with Buxar (T) P.S. Case No. 298 of 2015.

(Rakesh Kumar, J.) Anay U T