Chandan Kumar Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25208 of 2015 Arising Out of PS.Case No. -234 Year- 2014 Thana -RIGA District- SITAMARHI ======================================================
1. Chandan Kumar Mishra S/o Late Ramendra Mishra R/o Village Mehsiya, P.S. Riga, District Sitamarhi.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Hari Mohan Mishra, Advocate. For the Opposite Party/s : Mr. Awadhesh Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI ORAL ORDER 08-07-2015 This is an application, made under Section 438 of the Code of Criminal Procedure, seeking pre-arrest bail by the petitioner, namely, Chandan Kumar Mishra, in connection with Riga Police Station Case No. 234 of 2014 under Sections 448/341/323/379/307/354/354(A)/354(B)/504/506 of the Indian Penal Code.
Perused the above application and materials on record including a copy of the order, dated 09.04.2015, passed, in A.B.P. No. 406 of 2015, by the learned Sessions Judge, Sitamarhi, dismissing the said application for pre-arrest bail. Heard Mr. Hari Mohan Mishra, learned Counsel for the petitioner, and Mr. Awadhesh Kumar Singh, learned Additional Public Prosecutor, appearing on behalf of the State.
Patna High Court Cr.Misc. No.25208 of 2015 (2) dt.08-07-2015 2/3 In view of the fact that perusal of the record does not reveal any such incriminating materials against the petitioner, which would warrant his custodial detention and interrogation, this Court is of the view that the petitioner has been able to make out a case calling for appropriate direction for pre-arrest bail. Considering, therefore, the matter in its entirety and in the interest of justice, it is hereby directed that the petitioner above-named shall, in the event of his arrest in connection with the case aforementioned, be released on bail of Rs. 10,000/-, with two sureties, each of the like amount, subject to the satisfaction of the Officer-in-Charge, Riga Police Station, Sitamarhi.
This direction for bail is further subject to the condition that the petitioner above-named shall, within two weeks from today, appear before the Officer-in-Charge, Riga Police Station, Sitamarhi, and make himself available for interrogation by police at all reasonable time and shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer.
This application for pre-arrest bail shall stand disposed of in terms of the above observations and directions. Let a copy of this order be sent, forthwith, to the
Patna High Court Cr.Misc. No.25208 of 2015 (2) dt.08-07-2015 3/3 Officer-in-Charge, Riga Police Station, Sitamarhi. Send also a copy of this order, forthwith, to the Superintendent of Police, Sitamarhi, by fax.
(I. A. Ansari, J.) Mkr./- U T