Shivam Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50344 of 2019 Arising Out of PS. Case No.-433 Year-2019 Thana- BETTIAH CITY District- West Champaran ====================================================== Shivam Mishra aged about 22 years (M) Son of Chhotan Mishra @ Pradeep Mani Mishra, Resident of Village- Dwardevi Chowk Purani Gudri Ward No. 09, Police Station- Bettiah Town, District- West Champaran. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Brij Kishor Mishra, Advocate For the Opposite Party :

Mr.Rajendra Pd. Nat, App ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 13-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 147, 148, 149, 365, 323, 324, 307, 504 and 506 of the Indian Penal Code registered in connection with Bettiah Town P.S. Case No. 433 of 2019.

3. It is submitted that the petitioner has been falsely implicated and the FIR is against as many as 7 named accused persons and 25 unknown persons all of whom are said to have taken away the informant and assaulted him with lathi and fists and slaps. The accusation of assault is not supported by the injury report which discloses only two injuries on the person of the informant which are simple in nature. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.50344 of 2019(2) dt.13-08-2019 2/2 Chief Judicial Magistrate, Bettiah, District West Champaran in connection with Bettiah Town P.S. Case No. 433 of 2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. and with further conditions -- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (iv) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) BT/- U T