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Patna High CourtCR. MISC./18209/2015bail granted

Pravesh Kumar Mishra @ Pravesh Mishra v. The State Of Bihar

2015-05-22Mr. Justice Aditya Kumar Trivedi3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18209 of 2015 Arising Out of PS.Case No. -40 Year- 2014 Thana -MOTIPUR District- MUZAFFARPUR ====================================================== Pravesh Kumar Mishra @ Pravesh Mishra .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.21751 of 2015 Arising Out of PS.Case No. -40 Year- 2014 Thana -MOTIPUR District- MUZAFFARPUR ====================================================== Ram Pravesh Baitha @ Satish Jee @ Satish @ Rakesh .... .... Petitioner/s

Versus

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

(In Cr.Misc. No.18209 of 2015) For the Petitioner/s : Mr. Sunil Prasad Singh-Advocate For the Opposite Party/s : Mr. D.K.Sinha(A.P.P.) (In Cr.Misc. No.21751 of 2015) For the Petitioner/s : Mr. Sunil Prasad Singh-Advocate For the Opposite Party/s : Mr. S.C.Mishra(A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 22-05-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor.

Criminal Miscellaneous No.18209 of 2015 wherein Pravesh Kumar Mishra @ Pravesh Mishra is the petitioner and Criminal Miscellaneous No.21751 of 2015 wherein Ram Pravesh Baitha @ Satish Jee @ Satish @ Rakesh is the petitioner commonly originate out of Motipur P. S. Case no.40 of 2014 and on account thereof, have been heard conjointly and are being decided by a common order.

On getting the confidential information with regard to assemblage of members of Banned Organization at the house of Sheo Shankar Bhagat, a raid was conducted wherefrom three persons were apprehended namely, Ram Pravesh Baitha, Pravesh Kumar Mishra and Rajiv Ranjan. It has further been disclosed that they have made inculpatory extra-judicial confessional statement before the police and on the basis thereof, police had conducted raid at different places to nab the other members of the Outfit Organization.

The case of the petitioners stood on similar footing than that of co-accused Rajiv Ranjan, who had already been granted bail vide order dated 12.09.2014 passed under Criminal Miscellaneous No.27023 of 2014.

On account thereof, petitioners, Pravesh Kumar Mishra @ Pravesh Mishra and Ram Pravesh Baitha @ Satish Jee @ Satish @ Rakesh each are directed to 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 Chief Judicial Magistrate, in connection with Sessions Trial No.454 of 2014 arising out of Motipur P. S. Case no.40 of 2014. Because of the fact that both the petitioners happen to be resident of different district as well as taking into account the allegation, the solvency as well as genuineness of the bailors shall

be properly verified by the learned lower Court before acceptance of the bail bond. It is further made clear that subsequent involvement of petitioners will deprive them from enjoying the privilege furthermore.

(Aditya Kumar Trivedi, J) Vikash/- U T