Prashant Mishra @ Baba v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11226 of 2016 Arising Out of PS.Case No. -155 Year- 2014 Thana -KASIMBAZAR District- MUNGER ======================================================
1. Prashant Mishra @ Baba son of Bipin Mishra, resident of VillageHasanpur, Police Station- Muffasil, District- Munger. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjiv Kumar Singh For the Opposite Party/s : Mr. Dr. Indiwar Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 28-04-2016 Heard the learned counsel for the petitioner and the learned A.P.P. representing the State.
The petitioner seeks bail in connection with Kasim Bazar P.S. Case No. 155 of 2014 registered for the offence punishable under Section 3 /4 of the Explosive Substance Act. The petitioner is named in the First Information Report with allegation that earlier ransom of Rs. 10,000,00/- was demanded through mobile and for that, First Information Report was earlier lodged and later on, one black polythin containing some material like bomb was found kept just to the main gate of the informant.
Submission is of false implication and that no offence under Section 3 /4 of the Explosive Substance Act is
Patna High Court Cr.Misc. No.11226 of 2016 (3) dt.28-04-2016 2/3 made out against the petitioner, during investigation, no witness has come forward to state that the petitioner has kept the bomb and only on the basis of that he has got criminal antecedent, he has been implicated in this case, other co-accused have already been allowed bail and, as such, the petitioner also deserves sympathetic consideration.
Learned A.P.P. opposes the prayer of bail by submitting that the petitioner has got criminal antecedent as he is involved in 32 more cases and he is terror for the society and further, witnesses vide para 48, 49 and 50 of the case diary have stated that the petitioner earlier demanded ransom and thereafter got kept the bomb by Fantoos and Kanahaiya Thakur and further, the petitioner has confessed his guilt also, vide para 54 of the case diary.
In the facts and circumstances stated above, considering the nature of allegation and further the criminal antecedent of the petitioner, at present, this Court is not inclined to enlarge the petitioner on bail and accordingly, his such prayer stands rejected in connection with Kasim Bazar P.S. Case No. 155 of 2014 pending in the court of learned Sessions Judge, Munger.
However, let the trial be expedited and concluded
Patna High Court Cr.Misc. No.11226 of 2016 (3) dt.28-04-2016 3/3 preferably within six months after receipt / production of the copy of this order.
(Jitendra Mohan Sharma, J) ajaypd./- U T