Patna High CourtCR. MISC./67683/2018bail granted

Mukesh Mishra And ANR v. The State Of Bihar

2018-12-18Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67683 of 2018 Arising Out of PS. Case No.-105 Year-2017 Thana- DHURAIYA District- Banka ======================================================

1. Mukesh Mishra, Son of Late Laddu Mishra,

2. Banti Mishra, Son of Mukesh Mishra.

All are Resident of Village- Kachrati, P.S.-Dhoraiya, DistrictBanka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Chandrasen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 18-12-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek pre-arrest bail in connection with Dhoraiya P.S. Case No.105 of 2017 registered for the offence punishable under Section 364 read with 34 of the Indian Penal Code.

It is submitted by the learned counsel for the petitioners that co-accused Lakhan Mishra, Runjhun Kumar and Mithu @ Mithu Kumar @ Aditya Kumar have already been granted pre-arrest bail vide order dated 26.09.2018 passed in Cr. Misc. No.50910 of 2018 by a Bench of this Court. He contended that the case of the petitioners stand on identical footing to that of others, who have already been granted pre-arrest bail.

Patna High Court Cr.Misc. No.67683 of 2018(2) dt.18-12-2018 2/2 Learned counsel for the State opposed the application for grant of pre-arrest bail to the petitioners. However, he admitted that the case of the petitioners stand on identical footing to that of other who have already been granted pre-arrest bail by a Bench of this Court.

In that view of the matter, in the event of arrest or surrender in the court below within a period of six weeks from today, the petitioners are directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-IV, Banka in connection with Dhoraiya P.S. Case No.105 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J.) Sanjeet/- U T