Pramod Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21881 of 2017 Arising Out of PS.Case No. -2 Year- 2016 Thana -PAUTHU District- AURANGABAD ======================================================

1. Pramod Mishra son of Late Tarkeshwar Mishra resident of village + P.S.+ P.O. -Kasma, District - Aurangabad (Bihar). .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Sri Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-06-2017 The petitioner seeks regular bail in connection with Pauthu P.S. Case No. 02/16, registered for offences punishable under Section 386 of the Indian Penal Code and Section 25(1-B)a, 26, 35 of the Arms Act and Section 17 of CLA Act. It has been submitted on behalf of the petitioner that petitioner's name has surfaced in this case only on the basis of confessional statement of co-accused and except that there is nothing against him and thought the petitioner has been made accused in laerge number of cases but he has been acquitted in most of the cases and presently only four cases are pending against him, for which he has filed supplementary affidavit. Further petitioner has been in judicial custody since 26.10.2016. Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.21881 of 2017 (3) dt.21-06-2017 2/3 Having heard both sides, in view of the fact that petitioner's name transpired on this case only on the basis of confessional statement of co-accused and though he is accused in several other cases but in this case except confessional statement there is nothing against the petitioner, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five) with two sureties of the like amount each to the satisfaction of learned CJM, Aurangabad, in connection with Pauthu P.S. Case No. 02 of 2016, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the

Patna High Court Cr.Misc. No.21881 of 2017 (3) dt.21-06-2017 3/3 prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T