Prem Mishra @ Billo @ Prem Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71097 of 2019 Arising Out of PS. Case No.-305 Year-2019 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== PREM MISHRA @ BILLO @ PREM KUMAR MISHRA Son of Gauri Kant Mishra Resident of Village-Rampur Khurd, P.S-Madhusudanpur (Nathnagar), District-Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur Ms.Swati Sinha Mr. Arya Achint For the State :

Ms.Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 19-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 11.08.2019 in connection with Kotwali (Jogsar) P.S.Case No. 305 of 2019 for the alleged offences under Sections 406, 420, 467, 468, 120(B) and 471 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated on the accusation that the accused persons got the land of the informant's brother, the person suffering from mental illness, in their favour. Reference is invited to a copy of the sale deed (Annexure-3), in which none of the accused persons are named as the transferees, rather the same has been transferred to one Anmol Kumar. Similarly situated co-accused have been granted bail by this Court in Cr. Misc. No. 69804 of 2019 and Cr. Misc. No. 70098 of 2019 respectively. The petitioner is accused in one prior case.

4. Be that as it may, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/-(ten

Patna High Court CR. MISC. No.71097 of 2019(2) dt.19-12-2019 2/2 thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Kotwali (Jogsar) P.S.Case No. 305 of 2019, on the following conditions-- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) HR/- U T