Patna High CourtCR. MISC./68887/2019bail granted

Bigan Mistry v. The State Of Bihar

2019-12-11Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68887 of 2019 Arising Out of PS. Case No.-43 Year-2018 Thana- ANTI District- Gaya ====================================================== BIGAN MISTRY Son of Late Ratan Mistry Village- Bisunganj Bajar, P.S.- Bisunganj, District- Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumari Sujata Sinha For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner seeks bail in a case registered under sections 384, 385 and 387 of the IPC.

It is submitted by counsel for the petitioner that petitioner has been implicated merely on the basis of his name having been taken by co-accused Naresh Yadav who has been apprehended on the spot. Petitioner is aged about 70 years and is an old man. Petitioner is resident of Jehanabad though occurrence is said to have taken place in the district of Gaya and nothing has been recovered from the petitioner. He is in custody since 17.09.2018.

Petitioner is also accused in Anti P.S. Case no.42/2018 in which also steps are being taken for securing his release.

Patna High Court CR. MISC. No.68887 of 2019(2) dt.11-12-2019 2/2 Learned A.P.P. opposes the prayer for bail.

Considering the aforesaid submissions, prayer for bail is allowed.

Let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate VII, Gaya in Anti P.S. Case no. 43/2018 subject to the following conditions.

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) s.hassan/- U T