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Patna High Court - Orders

Jata Shankar Mishra vs The State Of Bihar on 19 November, 2018

Author: S. Kumar

Bench: S. Kumar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Criminal Miscellaneous No.64445 of 2018
                        Arising Out of PS. Case No.-452 Year-2018 Thana- KOTWALI District- Patna
                 ======================================================
                 Jata Shankar Mishra, Son of Sri Ram Chandra Mishra, Resident of Village-
                 Uferdaha, P.S.- Bahera, District- Darbhanga, at present residing at
                 Chanakyapuri Gola Road, P.S.- Danapur, District- Patna.

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Durga Nand Jha
                 For the Opposite Party/s :        Mr. Sri Ajay Mishra
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE S. KUMAR
                                       ORAL ORDER

4   19-11-2018

Heard learned counsel for the parties.

Petitioner seeks bail in Kotwali P.S. Case No. 452 of 2018 registered for the offence punishable under Sections 417, 418, 419, 420, 466, 467, 468, 471 and 120B of the Indian Penal Code.

Allegation against the petitioner is of committing forgery in the result of BETET-2011.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. The FIR has been lodged after delay of 7 years. It has been further submitted that the petitioner was never made Incharge of Record Room. Similarly, situated co-accused person has been granted bail by a co-ordinate bench of this Court vide order dated Patna High Court Cr.Misc. No.64445 of 2018(4) dt.19-11-2018 2/2 08.10.2018 in Criminal Miscellaneous No. 60893 of 2018. Petitioner has got no criminal antecedent and is in custody since 21.07.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna, in connection with Kotwali P.S. Case No. 452 of 2018, with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) ranjan/-

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