Ashok Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75267 of 2019 Arising Out of PS. Case No.-293 Year-2018 Thana- MUFFASIL District- West Champaran ====================================================== ASHOK MISHRA, S/O Praduman Mishra @ Pradhuman Mishra Resident of Village- Belwa, Awraiya, PS- Bettiah (M), Banuchhapar, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 21-01-2020 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable under Section 399/402 of the Indian Penal Code and Section 25(1-b)a/26/35 of Arms Act. Allegation is recovery of one country made loaded pistol and one live cartridges from the possession of co-accused Rajan Mishra.

It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case. It has been submitted that name of the petitioner has surfaced in this case on the confessional statement made by the co-accused Rajan Mishra who has already been granted bail by a co-

Patna High Court CR. MISC. No.75267 of 2019(3) dt.21-01-2020 2/2 ordinate Bench of this court as contained in Annexure-2. Similarly placed co-accused has already been granted bail by a co-ordinate Bench of this Court as contained in Annexure-2. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on anticipatory bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Bettiah (M) Manuwapul P.S. Case No. 293 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bond.

(3) If the 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. (S. Kumar, J) Rajiv/- U T