Rajan Mishra @ Archit Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56862 of 2024 Arising Out of PS. Case No.-240 Year-2023 Thana- HUSSAINGANJ District- Siwan ====================================================== Rajan Mishra @ Archit Mishra Son of Uday Mishra Resident of Village - Karmaul, Police Station - Asaon, District - Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Tiwary For the Opposite Party/s :
Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 19-08-2024 Heard learned counsel appearing on behalf of the parties.
2.
The petitioner seeks bail in connection with Hussainganj P.S. Case No.240 of 2023 registered for the offence under Sections 392 of the Indian Penal Code.
3.
Allegation against the petitioner along with other co-accused persons is to have taken away motorcycle, cash of Rs.5,000/-, ATM Card, etc. belongs to the informant, on the point of pistol.
4.
Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.56862 of 2024(2) dt.19-08-2024 2/3 petitioner has submitted that petitioner has falsely been implicated in the present case, where, petitioner is not named in the FIR and his name surfaced on the basis of confessional statement of other co-accused person, namely, Sujeet Kumar @ Mukul. It is submitted that nothing incriminating has been recovered from the conscious physical possession of this petitioner. It is also submitted that investigation of this case has been completed, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence. It is also submitted that no TIP has been conducted during course of the investigation. It is further submitted that petitioner is in custody since 03.02.2024.
5.
Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.
Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail in connection with Hussainganj P.S. Case No.240 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.- IX, Siwan.
7. However, petitioner shall physically present on
Patna High Court CR. MISC. No.56862 of 2024(2) dt.19-08-2024 3/3 each and every date before the Trial Court till conclusion of the trial.
(Ramesh Chand Malviya, J) S.Katyayan/- U T