Markandey Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 65009 of 2019 Arising Out of PS. Case No.-440 Year-2019 Thana- BUXAR District- Buxar ====================================================== Markandey Mishra, aged 29 years, Male, Son of Dhananjay Mishra Resident of Village-Bella, P.S.-Ara (Mufassil), District-Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Rina Sinha, Advocate For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

20-11-2019 Heard learned counsel for the parties.

The petitioner seeks bail in Buxar (Town) P.S. Case No. 440 of 2019 registered for the offence under Section 379 of the Indian Penal Code.

Learned counsel for the petitioner submits that F.I.R. has been lodged against unknown and petitioner's name has come only in confessional statement of the co-accused. She further submits that there is nothing against the petitioner and till date, no 'Test Identification Parade' has been held and petitioner is in custody since 13.08.2019.

Considering the aforesaid facts and circumstances as well as nature of accusation, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Buxar in connection with Buxar

Patna High Court CR. MISC. No.65009 of 2019(2) dt.20-11-2019 2/2 (Town) P.S. Case No. 440 of 2019 on the following conditions:

(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J.) anay U T