Bhirgu Nath Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28045 of 2016 Arising Out of PS.Case No. -48 Year- 2016 Thana -SAHPUR District- BHOJPUR ====================================================== Bhirgu Nath Mishra Son of Ram Kishun Mishra resident of village - Prasaunda Tola, P.S. Shahpur, District - Bhojpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Singh For the Opposite Party/s : Mr. Sri Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 15-07-2016 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner is accused in connection with registered under Sections 147, 148, 149, 341, 327, 307, 302 of the I.P.C. and 27 of the Arms Act.

The accusation is that in course of returning to the marriage ceremony of the informant along with his uncle Bisheshwar Ojha (deceased) and Umesh Ojha boarded on a Bolero Car, which was being followed by Kamal Deo Ojha by Scorpio, five persons named in the F.I.R. armed with rifle and gun along with 3 to 4 unknown came. Haresh Mishra and Brajesh Mishra started firing on the deceased Bisheshwar Ojha and his driver Rakesh Ojha, who sustained injury. Bisheshwar Ojha, uncle of the

Patna High Court Cr.Misc. No.28045 of 2016 (2) dt.15-07-2016 2/2 informant, was declared dead in referral hospital and two other injured, Kamdeo Ojha and Rakesh Kumar were referred for better treatment.

Learned counsel appearing on behalf of the petitioner submits that it would appear from the F.I.R. that informant, who is the eye witness of the occurrence, has not disclosed the name of the petitioner. The name of the petitioner has been surfaced after 17 days of the occurrence through spy to the effect that this petitioner was involved in conspiracy of murder talking to named accused on mobile. Further submission is that on investigation, charge sheet has already been submitted against the petitioner and the petitioner, having no criminal antecedent, is in custody since 03.03.2016.

Having considered the facts and circumstances of the case, let the above named petitioner 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 C.J.M., Bhojpur, Arrah in connection with Shahpur P.S. Case No. 48 of 2016.

(Rajendra Kumar Mishra, J) Shail/- U T