Rajan Mishra @ Archit Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 56979 of 2024 Arising Out of PS. Case No.-233 Year-2023 Thana- HUSSAINGANJ District- Siwan ====================================================== Rajan Mishra @ Archit Mishra Son of Uday Mishra R/O Vill.- Karmaul, P.S.- Asaon, Dist.- Siwan ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Tiwary, Adv.
For the Opposite Party/s :
Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 10-12-2024 Heard the parties.
2. The petitioner is in custody in connection with Hussainganj P.S. Case No. 233 of 2023 for the offence punishable under Section 394 of the Indian Penal Code, lodged on 14.09.2023 by the informant, Vijay Kumar Ram.
3. As per the prosecution story, the informant alleged that he is working as a relationship officer in Bandhan Bank and after collection of certain amount, when he reached near Pratappur Yogi Baba Asthan, accused persons covering their faces on motorcycle overtook, surrounded and snatched the bag on the point of weapon. Upon protest, he was assaulted causing injury, this led to the F.I.R.
4. Learned counsel for the petitioner submits that only because of criminal antecedents, the petitioner has been implicated in this case. Though, he is in custody for almost a
Patna High Court CR. MISC. No. 56979 of 2024(4) dt.10-12-2024 2/3 year, no T.I.P. has been conducted and if granted bail, shall be diligently appearing in trial. The name of the petitioner has come on the confessional statement of Sujeet Kumar @ Mukul Kumar.
5. Learned A.P.P. opposes the prayer for bail.
6. Considering the submissions put forward by the parties, as also his period of custody and no T.I.P. conducted, this Court is inclined to extend him the privilege of bail with conditions.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand only) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IX, Siwan, in connection with Hussainganj P.S. Case No. 233 of 2023, subject to the following conditions:
(i) one of the bailors should be the family member/relative of the petitioner, who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
Patna High Court CR. MISC. No. 56979 of 2024(4) dt.10-12-2024 3/3 (iii) the petitioner shall appear before the concerned police station every fortnight for next one year to mark his attendance in which three months to the concerned police station where he will stay and after coming back remaining nine months to the concerned police station.
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Rajiv Roy, J.) sadique/- U T