Patna High CourtCR. MISC./57857/2017bail granted

Lalit Narayan Mishra v. The State Of Bihar

2017-12-20Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57857 of 2017 Arising Out of PS.Case No. -207 Year- 2017 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Lalit Narayan Mishra S/o Umashankar Mishra, resident of Madhuban Chhawni Chowk, Meena Bazar, P.S. - Nagar (Motihari), District - East Champaran.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raj Kumar, Advocate : Mr. Ratanakar Jha, Advocate For the State : Smt. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 20-12-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Motihari Town P.S. Case No.207 of 2017 registered under Sections 223 and 225/34 of the Indian Penal Code (for short 'the I.P.C.').

It is submitted by Mr. Raj Kumar, learned counsel for the petitioner that the offence alleged under Section 223 of the I.P.C. is bailable in nature and the ingredients of the offence punishable under Section 225 of the I.P.C. would not be attracted as against the petitioner. He submitted that on the date of

Patna High Court Cr.Misc. No.57857 of 2017 (2) dt.20-12-2017 2/2 occurrence, i.e. 27.03.2017 the petitioner was languishing in jail custody in connection with Motihari Town P.S. Case No.174 of 2014 and was enlarged on bail by this Court on 27.04.2017. Learned counsel for the State opposed the prayer for grant of pre-arrest bail to the petitioner.

Regard being had to the nature of allegation made in the F.I.R. and the submissions advanced on behalf of the learned counsel for the petitioner, in the event of arrest or surrender in the court below within six weeks from today, the petitioner is 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 learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Motihari Town P.S. Case No.207 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Md.S./- U T