Krishna Mohan Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60426 of 2017 Arising Out of PS.Case No. -134 Year- 2017 Thana -DHANAHA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Krishna Mohan Mishra, Son of Ram Naresh Mishra, R/o Village- Motenaj Sugauli, P.S.- Piprasi, District- Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kr Singh No. 1 For the Opposite Party/s : Mr. Sri Manish Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-02-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Dhanaha P.S. Case No. 134 of 2017 instituted for the offence under Sections 420, 384 and 34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that in the written report there is allegation that this petitioner along with co-accused Dhruv Gaddi has made demand of illegal money from the informant for allotting fund of Indira Awas. It has further been submitted that in the re-statement given by the informant which is available in paragraph-7 of the case diary, he has levelled specific allegation against co-accused Gaddi who is husband of Ward Member of taking illegal money from her. Considering the facts and circumstances of the case,

Patna High Court Cr.Misc. No.60426 of 2017 (4) dt.06-02-2018 2/2 prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Dhanaha P.S. Case No. 134 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 1st Bagaha, Distt. West Champaran, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) S.Ali/- U T