Hariom Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76577 of 2019 Arising Out of PS. Case No.-1051 Year-2018 Thana- BETTIAH CITY District- West Champaran ====================================================== HARIOM MISHRA Son of Sri Anand Mishra @ Anand Kumar Mishr Resident of Village - Sugaw, P.S.- Sugauli, District - East Champaran. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Rashmi Jha, Advocate For the Opposite Party/s :

Mr.Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in this case is seeking regular bail in connection with Bettiah Town P.S. Case No. 1051 of 2018 registered for the offence punishable under Section 414 of the Indian Penal Code and Sections 25(1-B)(a)/26 of the Arms Act. Learned counsel for the petitioner submits that the petitioner is in custody since 09.12.2018 for recovery of one loaded country made pistol and one stolen motorcycle. It is submitted that the petitioner had no criminal antecedent prior to this case. The investigation has already been completed and there is no chance of tampering with prosecution evidence. Considering the facts and circumstances of the case wherein the allegation against this petitioner is that of being in possession of stolen motorcycle and a loaded country made pistol,

Patna High Court CR. MISC. No.76577 of 2019(2) dt.11-12-2019 2/2 the petitioner having remained in custody since 09.12.2018, there being no criminal antecedent prior to this case and there is no submission on behalf of the State that the release of the petitioner on bail is likely to interfere with the course of trial, let the petitioner above named be released on bail in connection with Bettiah Town P.S. Case No. 1051 of 2018 on furnishing of bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran at Bettiah, subject to the condition as laid down under Section 437 (3) Cr.P.C.

as under: (a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) avin/- U T