Chanchal Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3730 of 2017 Arising Out of PS.Case No. -64 Year- 2016 Thana -ITADHI District- BUXAR ======================================================

1. Chanchal Mishra, S/o Bharat Mishra, resident of Village-Karahasi, P.S. - Buxar (M), District - Buxar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Manendra Kumar Sinha, Adv. For the Opposite Party/s : Mr. Sri Braj Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-02-2017 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Itarhi P.S. Case No.64 of 2016 instituted for the offence under Sections 307, 379, 504/34 of the Indian Penal Code and Section 27 of the Arms Act. It has been submitted that the petitioner is not named in the FIR. The name of this petitioner has surfaced on the confessional statement of co-accused during investigation. From the written report it appears that there is specific allegation against one Arvind Yadav who opened fire upon the informant.

The Sessions Judge has mentioned in the impugned order that in paragraph 65 and 66 of the case diary the

Patna High Court Cr.Misc. No.3730 of 2017 (2) dt.09-02-2017 involvement of this petitioner has been disclosed on the basis of confessional statement of other co-accused. The petitioner is said to be in custody since 31.08.2016 In such circumstances, let the petitioner, above named, 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 A.C.J.M.-2nd, Buxar in connection with Itarhi P.S. Case No.64 of 2016, subject to the conditions that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J) Arvind/- U T