Om Prakash Mishra @ Mithu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53722 of 2016 Arising Out of PS.Case No. -10 Year- 2016 Thana -JALALPUR District- SARAN ====================================================== Om Prakash Mishra @ Mithu, Son of Ashok Mishra, resident of village - Noor Nagar Kahi, P.S. Jalalpur, District- Saran. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Shatrughan Pandey, Advocate For the Opposite Party : Mr. Arun Kumar Singh -5 (APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-12-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Jalalpur P.S. Case No. 10 of 2016, registered for the offence punishable under Section 392 of the Indian Penal Code. Allegedly, when the informant after closing his mobile shop proceeded towards his house along with one Laptop and three mobiles and when he reached near road near the house of Ram Nath Mishra, then two persons stopped him and started assaulting him by means of fists and slaps and snatched his Laptop, mobiles and cash of Rs. 1400/- from his possession on the point of country made pistol and threatened to go ahead silently and accused persons fled away on a motorcycle. Submission is of false implication and that the petitioner is not named in the First Information Report, his name

Patna High Court Cr.Misc. No.53722 of 2016 (2) dt.20-12-2016 2/2 has come on the basis of confessional statement of co-accused Satin Kumar, confessional statement made before the police has got no value in the eye of law, other co-accused of this case namely Satin Kumar, Vivek Kumar Singh, Vishwakarma Kumar and Faruque have been granted bail vide B.P. Nos. 804 of 2016 and 681 of 2016 and, as such, now the petitioner deserves sympathetic consideration.

The learned A.P.P. opposes the prayer of pre-arrest bail.

In the facts and circumstances as stated above, considering that the name of the petitioner has come in the confessional statement of Satin Kumar, Satin Kumar and others have been granted regular bail and, as such, the petitioner in the event of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall 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 learned Chief Judicial Magistrate, Saran at Chapra, in connection with Jalalpur P.S. Case No. 10 of 2016, subject to the conditions as laid down in section 438(2) of the Cr.P.C.

(Jitendra Mohan Sharma, J.) Rajiv/- U T