Patna High CourtCR. MISC./55516/2018bail granted

Shiv Kumar Mishra v. The State Of Bihar

2018-09-20Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55516 of 2018 Arising Out of PS.Case No. -74 Year- 2018 Thana -BARAUNI RAIL P.S. District- BEGUSARAI ======================================================

1. Shiv Kumar Mishra, S/o Late Madan Mishra, R/o Vill.- Maranga, Near Power Grid, Ward No. 24, P.S.- Maranga, District- Purnea. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Narayan, Advocate Mr. Shyameshwar Dayal, Advocate Smt. Nirmala Kumari, Advocate For the Opposite Party/s : Mr. Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 20-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Barauni Rail P.S. Case No.74 of 2018 instituted for the offence under Section(s) 379 Indian Penal Code.

Counsel for the petitioner submits that petitioner is not named in the First Information Report. There is no recovery of any incriminating article from his possession as mentioned in the written report. Petitioner has been made accused only because one mobile phone has been recovered from one room of house of Arbind Choudhary. It is stated before the police that the petitioner used to reside in that room. Petitioner is in custody

Patna High Court Cr.Misc. No.55516 of 2018 (2) dt.20-09-2018 2/2 since 05.06.2018.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. 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 the Additional Chief Judicial Magistrate, Railways, Barauni, in connection with Barauni Rail P.S. Case No.74 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner. (Sanjay Priya, J) JA/- Rohit Kr.

U T