Ajay Kumar Mishra @ Tuntun Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46520 of 2017 Arising Out of PS.Case No. -127 Year- 2017 Thana -GOPALGANJ TOWN District- GOPALGANJ ======================================================

1. Ajay Kumar Mishra @ Tuntun Mishra, son of late Laxmi Kant Mishra, resident of Mishra Colony, Banjari Road, P.S.- Gopalganj, DistrictGopalganj. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Indrajeet Bhushan, Advocate For the Opposite Party/s : Mr. Nityanand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 12-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Gopalganj (Town) P.S. Case No.127 of 2017 instituted for the offence under Section(s) 307, 120-B Indian Penal Code and Section 27 of the Arms Act.

Counsel for the petitioner has submitted that First Information Report is against unknown. Name of this petitioner has come subsequently during investigation in the confessional statement of Vineet Singh, Kaushal Kishore Mishra and Sanjay Shukla.

Counsel for the petitioner has further submitted that co-accused having similar allegation have already been granted anticipatory bail by this Court by order dated 12.01.2018 passed

Patna High Court Cr.Misc. No.46520 of 2017 (3) dt.12-02-2018 2/2 in Cr. Misc. No.52343 of 2017 and order dated 08.11.2017 passed in Cr. Misc. No.47490 of 2017.

In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Gopalganj (Town) P.S. Case No.127 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gopalganj, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions:(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) JA/- U T