Tantan Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52916 of 2019 Arising Out of PS. Case No.-236 Year-2017 Thana- LAXMIPUR District- Jamui ====================================================== TANTAN MISHRA, aged about 38 years (Male), Son of Paramanand Mishra, Resident of village- Karanpur, P.S.- Laxmipur, District- Jamui. ... ... Petitioner
Versus
THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Umesh Prasad, Advocate.
For the Opposite Party :
Mr.Syed Mojibur Rahman, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in a case for the offence registered under Section 364(A) of the IPC.
The prosecution story, in brief, is that some miscreants kidnapped Gopal Mandal who is the brother of the informant and demanded Rs. one crore from the informant. It has been submitted by learned counsel for the petitioner that the petitioner is in custody since 20.01.2018. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is not named in the F.I.R. His name has come in the present case on the basis of confessional
Patna High Court CR. MISC. No.52916 of 2019(4) dt.04-12-2019 2/2 statement of co-accused. The victim has been recovered. His statement has been recorded under Section 161 of Cr. P.C. The petitioner has not been put on T.I. Parade.
On behalf of the learned counsel for the State, it has been submitted that the petitioner is not named in the F.I.R. The victim has been recovered. His statement has been recorded under Section 161 of Cr. P.C. The victim has named the petitioner in his statement. The petitioner has got criminal antecedents. There are as many as 21 cases pending against him which is not proper to grant him bail in the public interest. Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected in connection with Laxmipur P.S. Case No. 236 of 2017, pending in the court of learned J.M. Ist Class, Jamui. Learned court below is directed to take all necessary steps to expedite the trial.
(Sudhir Singh, J) U.K./- U T