Harikant Mishra @ Murari Mishra v. The State Of Bihar

Patna High Court Cr.Misc. No.48961 of 2015 (02) dt.04-11-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48961 of 2015 Arising Out of PS.Case No. -266 Year- 2013 Thana -BETTIAH TOWN DistrictWESTCHAMPARAN (BETTIAH) ====================================================== Harikant Mishra @ Murari Mishra .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjeev Kumar--Advocate For the Opposite Party/s : Mr. Nand Kumar (A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 04-11-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor assisted by learned counsel for the informant.

On 25.04.2013 while Kumar Ravi @ Ramu sat at Durga Hotel and informant Vijay Kumar Jha was to proceed for purchasing vegetables, motorcycle ridden criminals came, out of whom, informant identified Sanjay Mishra, Alok Jha, Dilip Patel, Umesh Ram, Chhotu Rao. Thereafter, first shot was given by Alok Jha followed by Sanjay Mishra as well as Dilip Patel. He was also threatened by Chhotu Rao. Then thereafter, they made escape. It has also been disclosed that on 24.04.2013, Harikant Mishra @ Murari Mishra along with others had threatened the deceased.

Petitioner along with others were not sent up for

Patna High Court Cr.Misc. No.48961 of 2015 (02) dt.04-11-2015 trial after conclusion of the investigation. However, was summoned by the learned Chief Judicial Magistrate on account of differing there from, as a result of which, Criminal Miscellaneous No.50031 of 2014, 50972 of 2014 were filed on behalf of Dilip Patel as well as petitioner respectively, which were disposed of by a common order dated 07.08.2015, directing the petitioners to surrender before the learned lower Court with a further direction to the learned lower Court to consider the merit of the case along with the fact that petitioner Harikant Mishra @ Murari Mishra does not contain specific allegation. Other co-accused are found enjoying the privilege of bail vide Criminal Miscellaneous Nos.37350 of 2013, 43666 of 2013 and 50136 of 2013.

Accordingly, petitioner, Harikant Mishra @ Murari Mishra 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 the learned Chief Judicial Magistrate, West Champaran at Bettiah in connection with Bettiah P. S. Case no.266 of 2013.

(Aditya Kumar Trivedi, J) Vikash/- U T