The Patna High Court granted bail to the petitioner, charged with murder and attempted murder, subject to a bond of Rs.10,000 and two sureties, with conditions regarding court appearances.
Released on bail of Rs.10,000 with two sureties of like amount each, subject to conditions of court representation.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2911 of 2013
====================================================== Jyoti Kumar Mishra son of late Sri Krishna Mishra, resident of Om Sharnam Apartment, Flat No. 203, Devi Mandir Road Punaichak, P.S. Shastri Nagar, District-Patna .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 2 23-01-2013 Heard Mr. Ajay Kumar Thakur, learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is in custody in connection with Shastri Nagar P.S. Case No. 300 of 2011 for the offences punishable under Sections 302, 307 and 34 of the Indian Penal Code.
The allegation against the petitioner as set out in the F.I.R. is of assaulting the deceased brother of the informant by the butt of the pistol as also the mother of the deceased, Kamla Devi.
Considering the nature of allegations, the prayer of the petitioner along with his brother Sunil Kumar Mishra was earlier rejected by order dated 15.3.2012 passed in Cr. Misc. No. 43550 of 2011.
Mr. Ajay Kumar Thakur, learned counsel for the petitioner submits that during the course of investigation it has come to light that the assault on the deceased was made by co-accused Gaurav Kumar by a cricket bat. It is further submitted that although the allegation against the petitioner is of carrying a pistol but the allegation of assault by this petitioner along with the two others, on the deceased has been made in a general manner. He further submits that the petitioner has also been
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charged with assault on the mother of the informant by the butt of the pistol and for the allegations aforementioned, he is in custody since 20.9.2011. Learned counsel further submits that the petitioner has a clean antecedent and has retired from the post of Deputy Manager of the State Bank of India.
It is further submitted that the brother of this petitioner Sunil Kumar Mishra having similar allegations has since been released by order dated 5.12.2012 passed in Cr. Misc. No. 47833 of 2012.
Having heard learned counsel for the petitioner and learned counsel for the State as also considering the circumstances and the period of custody, let the petitioner namely, Jyoti Kumar Mishra be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Patna in connection with Shastri Nagar P.S. Case No. 300 of 2011 subject to the condition that the petitioner shall ensure his representation before the Court below on each and every date fixed in the case and failure on the part of the petitioner to ensure his representation on two consecutive dates fixed without reasonable explanation to the satisfaction of the Court below, would entitle the Court concerned to cancel the bail bond of the petitioner and to take him into custody.
(Jyoti Saran, J)
Bibhash/-
2 issues framed by the court
Whether the petitioner, charged with murder and attempted murder, should be released on bail given his antecedents and the justice of the case.
What are the conditions under which this bail order may be penalised?
1 provisions across 1 enactments
Jyoti Kumar Mishra
The State of Bihar
Jyoti Saran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
