Patna High CourtCR. MISC./17006/2017rejected

Jitendra Mishra @ Karu Mishra v. The State Of Bihar

2017-05-02Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17006 of 2017 Arising Out of PS.Case No. -163 Year- 2014 Thana -PHULWARIA District- BEGUSARAI ======================================================

1. Jitendra Mishra @ Karu Mishra, S/o D.B. Mishra, R/o Village- Sokhara Tiwari Tola, P.S.- Phulwaria, P.O.- Barauni, District- Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner : Mr. Syed Mohammad Shabbir Alam, Advocate For the Opposite Party : Mr. Anil Kumar Singh 1 (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 02-05-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with S.T. No. 478 of 2016, arising out of Phulwaria P.S Case No. 163 of 2014 registered for the offences punishable under Section 147, 148, 149 and 302 of the Indian Penal Code and Section 27 of the Arms Act. Allegedly, the petitioner shot Shatrughan Mishra, the son-in-law of the informant which was misfired and then again the petitioner fired which hit on his temple and during way of Begusarai he died.

Submission is of false implication and that there is no legal and tangible material against the petitioner, only on suspicion and due to enmity he has been implicated. The petitioner

Patna High Court Cr.Misc. No.17006 of 2017 (2) dt.02-05-2017 2/2 is suffering in custody since 16.07.2016 and, as such, the petitioner deserves sympathetic consideration. Learned A.P.P opposes the prayer of bail by submitting that the petitioner is the assailant. In the facts and circumstances stated above, considering that petitioner is the assailant and, as such, I am not inclined to enlarge the petitioner on bail and accordingly, his such prayer stands rejected in connection with S.T. No. 478 of 2016, arising out of Phulwaria P.S Case No. 163 of 2014, pending in the court of learned F.T.C.-II, Begusarai.

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