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Nihar Mishra Alias Bachcha Mishra v. the State of Jharkhand

Jharkhand HC10 Sept 2024B.A./5327/2024

Case brief

AI extract

What is this about?

Single bench order granting bail to petitioner, an accused in theft cases, to be enlarged on furnishing a bond with two sureties subject to conditions of cooperation and appearance. Petitioner had criminal history but co-accused on whose confession his name appeared were already on bail.

What did the court decide?

Petitioner directed to be enlarged on bail on furnishing bond of Rs. 25,000 with two sureties of like amount each.

Nihar Mishra Alias Bachcha Mishra Vs the State of Jharkhand — Bail and Remand | Jharkhand HC (2024)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 5327 of 2024

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Nihar Mishra @ Bachcha Mishra, aged about 24 years, son of Nav Kumar Mishra, resident of Bagunhatu D Block, River Road, Near Mansa Mandir, P.O. & P.S. Sidhgora, District East Singhbhum (Jharkhand)

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... … Petitioner

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Versus

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The State of Jharkhand … … Opposite Party ------- CORAM : HON’BLE MR. JUSTICE NAVNEET KUMAR

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-----For the Petitioner : Mr. Ankit Kumar, Advocate For the State : Mr. Praful Jojo, A.P.P. --------

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Order No. 09 / Dated 10^th September, 2024

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Heard learned counsel for the petitioner and the learned A.P.P. appearing on behalf of the State.

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The petitioner is an accused in connection with Govindpur P.S. Case No. 52 of 2023 corresponding to G.R. No. 1580 of 2023, registered under Sections 379, 34 & 411 of the Indian Penal Code, pending in the Court of Learned Judicial Magistrate 1^st Class, Jamshedpur.

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It is submitted on behalf of the petitioner that gist of the allegation as set out in the F.I.R. is that the petitioner along with co-accused persons have stolen 16 pieces of radiator from the vehicle of the informant and the value of the stolen article was amounting to Rs. 65,000/-. It is submitted on behalf of the petitioner that he is in jail since 14.09.2023 and nothing has been recovered from his possession and he is not named in the F.I.R. and his name has appeared on the basis of confessional statement of co-accused persons who have been granted bail vide B.P. No. 1075 of 2023 and B.P. No. 1086 of 2023 and the case of the petitioner is on the similar footing although the petitioner has 9 cases against him but he is on bail in all those cases. Charge in this case has been framed and therefore the possibility of tampering the evidence is very remote and in this view of the matter, this petitioner deserves to be enlarged on bail.

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On the other hand, the learned A.P.P. appearing on behalf of the State has opposed the contentions raised on behalf of the petitioner by filing

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counter-affidavit and submitted that petitioner is involved in theft of 16 pieces of radiator and he is a man of criminal history having 9 cases and therefore the petitioner does not deserve to be enlarged on bail but did not controvert this fact that the co-accused persons on whose confessional statement his name has appeared in this case have been enlarged on bail and charge in this case has been framed.

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Having heard the parties, perused the records of this case.

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In light of the forceful submission advanced on behalf of the petitioner and under the facts and circumstances of this case, this petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/(Rupees Twenty-five thousand) with two sureties of the like amount each to the satisfaction of the Court of Learned Judicial Magistrate 1^st Class, Jamshedpur, in connection with Govindpur P.S. Case No. 52 of 2023 corresponding to G.R. No. 1580 of 2023, subject to the condition that the petitioner will cooperate in the criminal proceeding pending in the learned Trial Court and he will remain present on each and every date of the criminal trial as and when required, failing which, appropriate order shall be passed by the learned Court below for the cancellation of the bail as per the provision of law.

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(Navneet Kumar, J.)

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Basant/S. Das

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2 B.A. No.5327 of 2024

Nihar Mishra Alias Bachcha Mishra v. the State of Jharkhand

Case brief

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Nihar Mishra Alias Bachcha Mishra v. the State of Jharkhand

Case brief

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