Mritunjay Mishra v. The State Of Bihar

Patna High Court Cr.Misc. No.23073 of 2016 (3) dt.03-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23073 of 2016 Arising Out of PS.Case No. -61 Year- 2012 Thana -GOH District- AURANGABAD ====================================================== Mritunjay Mishra s/o Bindeshwari Mishra @ Bmda Jee r/o Village- Misir Bigha, P.S.- Pauthu, in the District of Aurangabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Singh, Adv. For the Opposite Party/s : Mr. Ganesh Prasad Singh, App ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 05.09.2015 in connection with Goh P.S. Case No. 61 of 2012 registered for offences under Sections 147, 148,149, 436, 384, 427, 120(B) of the Indian penal Code and 17 of the C.L.A Act Earlier bail application of the petitioner was rejected vide Cr. Misc. No. 24981 of 2015 with observation to the trial Court to conclude the trial preferably within a period of six months from the date of receipt/production of a copy of this order. This is the second attempt on behalf of the petitioner. A report was called for from the Trial Court regarding the stage of the case which is kept at flat 'G'. It has been reported that the petitioner is in custody

Patna High Court Cr.Misc. No.23073 of 2016 (3) dt.03-08-2016 since 05.09.2013 i.e. approximately 3 years.

On behalf of the petitioner it is submitted that the name of the petitioner figured in the present case on the basis of confessional statement of co-accused Bihari Chandrabansi. Except for the confessional statement there is no other material to suggest the involvement of the petitioner in the present case. There is no allegation of tempering of witnesses against the petitioner. On behalf of the State it is submitted that the petitioner is not named in the F.I.R.

Considering the period of custody, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Daudnagar Dist. Aurangabad in connection with Goh P.S. case No. 61 of 2012.

(Sudhir Singh, J) Prakash/- U T