Ravi Kumar Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.56217 of 2017 Arising Out of PS.Case No. -192 Year- 2015 Thana -DARBHANGA District- DARBHANGA ====================================================== Ravi Kumar Mishra, Son of Maha Chandra Mishra, Resident of Villagejagatpur, (Tole, Tunny Mishra Tole) P.S.-Rahika, District-Madhubani. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate Mr. Pravin Kumar, Advocate Mr. Shashank Shekhar, Advocate.
For the State : Mr. Narendra Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 29-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Darbhanga Town P.S. Case No. 192 of 2015 instituted for the offence under Section 379 of the Indian Penal Code.
Learned counsel for the petitioner has submitted that police has submitted Final Form in this case after investigation. As per written report the informant had gone to purchase some domestic articles from V. Mart and parked his Motorcycle just back side of betel shop beside V. Mart. The informant did not find his Motorcycle when he returned after purchasing the articles from V.Mart. Learned counsel for the petitioner has submitted that the police after investigation submitted final form in the case as no
Patna High Court Cr.Misc. No.56217 of 2017 (2) dt.29-11-2017 2/3 clue was found. Subsequently, the motorcycle is alleged to have been recovered from possession of petitioner for which Madhubani P.S.Case No. 480 of 2015 was registered. The written report of Madhubani P.S. Case No. 480 of 2015 was produced by the counsel for the petitioner during hearing of the bail petition wherein it is mentioned that petitioner was the pillion rider on the aforesaid Motorcycle and one Krishna Jha was driving the said motorcycle.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Darbhanga Town P.S. Case No. 192 of 2015, 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 learned Chief Judicial Magistrate, Darbhanga, at Laheriasarai, 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
Patna High Court Cr.Misc. No.56217 of 2017 (2) dt.29-11-2017 3/3 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) S.Ali/- U T