Jhuna Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28140 of 2018 Arising Out of PS. Case No.-3 Year-2018 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== Jhuna Mishra, S/o Indrajit Mishra, Resident of Village- Narainapur, P.S. Buxar (Muffasil), District- Buxar ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Ajit Kumar, Adv.

For the Opposite Party/s :

Mr. Manoj Kumar, APP 168 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-05-2018 Heard the learned counsel for the petitioner. The petitioner is apprehending his arrest in connection with Buxar (Industrial) P.S. Case No. 3 of 2018 registered for offences punishable under Sections 341, 323, 504, 506, 307, 385, 387, 379 and 34 of the Indian Penal Code and 27 of the Arms Act.

Allegation against the petitioner is of firing which did not hit anybody.

Submission of the learned counsel for the petitioner is that first information report itself shows that the firing does not hit anybody and the petitioner has no criminal antecedent. Heard learned Additional Public Prosecutor also. Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, named above, in the event of arrest or surrender before the Court below, within a period of six weeks from the date of order, be released on bail

Patna High Court Cr.Misc. No.28140 of 2018(2) dt.16-05-2018 2/2 on furnishing bail bond of Rs. 25,000/- (rupees twenty-five thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar, in connection with Buxar (Industrial) P.S. Case No. 3 of 2018 subject to the condition as laid down under Section 438(2) of the Criminal Procedure Code as well as with following conditions :

(I) One of the bailors of the petitioner shall be a local person, having sufficient immovable property within the jurisdiction of the concerned Court.

(II) The petitioner will not induce any witness or tamper with evidence.

(III) The petitioner shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) Shamshad/- U T