Rajan Mishra @ Archit Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85929 of 2024 Arising Out of PS. Case No.-656 Year-2023 Thana- SIWAN CITY District- Siwan ====================================================== Rajan Mishra @ Archit Mishra Son of Uday Mishra Resident of Village - Karmaul, P.S. - Asaon, District - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Y.C. Verma, Sr. Adv.

Mr.Kumari Anupam, Adv.

For the Opposite Party/s :

Mr.Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-01-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with S.T. No. 238/24 arising out of Siwan Town P.S. Case No. 656 of 2023 dated 24.12.2023 registered for the offences punishable u/s 307 of the Indian Penal Code and 27 of the Arms Act.

3. As per the prosecution case, five unknown miscreants ridden on a motorcycle came to the door of the informant and started firing indiscriminately on the window of his house with intention to kill and fled away.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.85929 of 2024(2) dt.18-01-2025 2/3 this case. The petitioner is not named in the F.I.R. The name of the petitioner has transpired in this case only on the basis of the confessional statement of the co-accused person and has been remanded in this case from Siwan Town P.S. Case No. 658/2023. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged offence. The petitioner has twelve criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 24.01.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Siwan in connection with S.T. No. 238/24 arising out of Siwan Town P.S. Case No. 656 of 2023 with the conditions :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

(ii) If the petitioner is found involved in similar nature of

Patna High Court CR. MISC. No.85929 of 2024(2) dt.18-01-2025 3/3 offence in future, the prosecution will be at liberty to move for cancellation of his bail bonds.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T