Rohit Mishra @ Rohit Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18968 of 2017 Arising Out of PS.Case No. -23 Year- 2017 Thana -KADAMKUAN District- PATNA ======================================================

1. Rohit Mishra @ Rohit Kumar Mishra Son of Naresh Mishra, Resident of Village-Gangwara, Police Station-Runnisaidpur, District-Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Akhauri Kamal Kishore Sahay For the Opposite Party/s : Mr. Sri Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-05-2017 Heard the parties.

The petitioner seeks regular bail in connection with Kadamkuan P.S.Case No.23 of 2017, registered for offences punishable under Sections 379, 447, 411, 420, 417 and 472 of the Indian Penal Code.

Allegation against the petitioner is about recovery of a Vehicle from the possession of the petitioner. It is submitted on behalf of the petitioner that though the seizure list itself shows that the vehicle was recovered from the road and it has falsely been alleged that it has been recovered from the possession of the petitioner. The petitioner has clean antecedent and he has remained in custody for about 3 1⁄2 months. Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.18968 of 2017 (2) dt.02-05-2017 2/2 Having heard both sides and in view of the fact that the petitioner has no criminal antecedent and he has remained in custody for about 3 1⁄2 months, as such, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Sri Om Prakash (VI) Sub Judge-VII-cumA.C.J.M., Patna in connection with Kadamkuan P.S. Case No.23 of 2017.

With following conditions :

(i) One of the bailors of the petitioner shall be close relative of the petitioner, 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 co-operate 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 prosecution is free to move for cancellation of his bail.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T