Patna High CourtCR. MISC./4274/2017bail granted

Barun Mishra v. The State Of Bihar

2017-03-08Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4274 of 2017 Arising Out of PS.Case No. -43 Year- 2016 Thana -BUXAR INDUSTRIAL District- BUXAR ====================================================== Barun Mishra, son of Shyam Sunder Mishra, resident of village-Sindigate, Budhanpurwa, Police Station- Buxar (T), District - Buxar. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ravi Shanker Pankaj For the Opposite Party/s : Mr. Sri Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 08-03-2017 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 399, 402, 420, 467, 468, 272, 273 of the Indian Penal Code, Sections 25(1-b)A, 26, 35 of the Arms Act and Section 47(A) of Excise Act.

No doubt, earlier the prayer for bail of the petitioner was rejected by this court but submission on behalf of the petitioner is that having more or less similar allegation, one coaccused, Karan Singh has already been granted privilege of bail by a co-ordinate Bench of this Court vide order dated 05.10.2016 passed in Cr. Misc. No. 32624 of 2016. The order dated 18.08.2016 passed in Cr. Misc. No. 31824 of 2016 goes to show

Patna High Court Cr.Misc. No.4274 of 2017 (2) dt.08-03-2017 2/2 that while rejecting the bail prayer of the petitioner this court was influenced by the criminal antecedent of the petitioner but learned counsel for the petitioner submits that so many criminal cases had been lodged against co-accused, Karan Singh but even then he was granted bail by a co-ordinate Bench of this Court. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-V, Buxar in connection with Sessions Trial No. 261 of 2016 arising out of Buxar (I) P.S. Case No. 43 of 2016.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T