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Patna High CourtCR. MISC./72965/2019bail granted

Deepak Mishra v. The State Of Bihar

2019-12-04Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72965 of 2019 Arising Out of PS. Case No.-87 Year-2019 Thana- JOGAPATTI District- West Champaran ====================================================== DEEPAK MISHRA Son of Sanjay Mishra Resident of Village - Donwar, Post Office - Ojha Barwa, P.S.- Sanichari, Distt - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar No 7 For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-12-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Yogapatti (Sanichari) P.S. Case No. 87 of 2019 for the offence registered under Sections 341, 342, 323 and 308 of the Indian Penal Code.

The allegation is regarding the petitioner having tied the hands and legs of the grand son of the informant and thrown him into a canal whereupon the victim is stated to have been saved by an unknown person.

The learned counsel for the petitioner has submitted that though the incident is said to have taken place on 01.03.2019, the F.I.R. has been lodged on 09.03.2019, hence the delay is fatal to the case of the prosecution. It is also submitted

Patna High Court CR. MISC. No.72965 of 2019(2) dt.04-12-2019 2/2 that the petitioner has got no role to pay in the alleged incident and he has been falsely implicated in the present case. Lastly, it is submitted that the petitioner is having a clean antecedent and he is languishing in custody since 14.08.2019. Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released 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., Bettiah, West Champaran in connection with Yogapatti (Sanichari) P.S. Case No. 87 of 2019. (Mohit Kumar Shah, J) S.Sb/- U T