Arjun Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51792 of 2018 Arising Out of PS.Case No. -136 Year- 2018 Thana -KATEYA District- GOPALGANJ ====================================================== Arjun Mishra, S/o Late Baban Mishra, R/o Vill.- Sultanpur, P.S.- Kateya, District- Gopalganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lokesh Kumar Singh For the Opposite Party/s : None ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 20-09-2018 Heard learned counsel for the petitioner. No one appears for the State.

The petitioner, in the present case, is seeking regular bail in connection with Kateya P.S. Case No.136 of 2018, registered for offences alleged under Sections 395 and 397 of the Indian Penal Code.

Learned counsel for the petitioner submits that on perusal of the F.I.R. it will appear that so far as the present petitioner is concerned, it is alleged that he along with some other persons was keeping eyes over the area in question who standing north to the Gopalganj road and within five minutes the other

Patna High Court Cr.Misc. No.51792 of 2018 (2) dt.20-09-2018 accused persons riding on 2-3 motorcycles along with 4-5 unknown criminals came there along with whom this petitioner and others also moved towards northern side. It is alleged that the accused persons thereafter moved in Bagahi Bazar and by firing they had looted the jewelry shops.

Learned counsel for the petitioner submits that so far as this petitioner is concerned, there is no specific allegation of either firing or committing any overt act is there. He has been made accused in this case only because he happens to be the father of the co-accused Golu Mishra against whom there is allegation of looting the Nozzle man of the petrol pump who was in possession of the sale money. Learned counsel further submits that this petitioner has no criminal antecedent and till date no T.I. Parade has been conducted to identify him.

In the given facts and circumstances of the case where the allegation against the petitioner is that he was standing north to Gopalganj road and was keeping eyes over the area, but till date no T.I. Parade has been conducted to identifying him and the fact that the petitioner has no criminal antecedent, let the petitioner, above named, be enlarged on bail on his furnishing bail bond of Rs.15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief

Patna High Court Cr.Misc. No.51792 of 2018 (2) dt.20-09-2018 Judicial Magistrate-XV, Gopalganj in connection with Kateya P.S. Case No. 136 of 2018, subject to the conditions U/S 437(3) Cr.P.C.

(Rajeev Ranjan Prasad, J) Arvind/- U T