Chhotan Mishra @ Chhotu Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2024)

Chhotan Mishra @ Chhotu Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail: petitioner to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of learned C.J.M., Motihari, upon arrest or surrender before the Court below within six weeks, subject to Section 438(2) CrPC conditions and the additional condition of appearance before the Trial Court on each date.

Issue for consideration

Whether the petitioner, who apprehends arrest in connection with Dumariyaghat P.S. Case No.31 of 2018 instituted under Sections 302, 201/34 of the Indian Penal Code, should be released on anticipatory bail.

Court's answer

Anticipatory bail granted: in the event of arrest or surrender before the Court below within six weeks from the date of the order, the petitioner is to be released on bail on furnishing a bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of learned C.J.M., Motihari in connection with Dumariyaghat P.S. Case No.31 of 2018.

Ratio / Principle

The release is subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

Key takeaways

Further condition imposed: the petitioner shall appear before the Trial Court on each and every date, and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself.ratio¶24

Detailed headnote1 paragraphs

Anticipatory bail granted to Chhotan Mishra @ Chhotu apprehending arrest in Dumariyaghat P.S. Case No.31 of 2018 (East Champaran), instituted under Sections 302, 201/34 IPC. Although investigation ended with a charge sheet against co-accused Ramesh Mahto only (Sections 279, 397, 304(A) IPC) and a final form for the petitioner and two others, learned J.M. 1st Class, differing with the police report, took cognizance under Sections 302, 201 and 34 IPC. On arrest or surrender within six weeks, petitioner to be released on a bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Motihari, subject to Section 438(2) CrPC conditions and a further condition of appearance on every Trial Court date, default on two consecutive dates without plausible reason entailing cancellation of bail bonds by the Trial Court itself. Single-judge oral order of Justice Sunil Dutta Mishra dated 18-03-2024.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15406 of 2024

Arising Out of PS. Case No.-31 Year-2018 Thana- DUMARIAGHAT District- East

Champaran

======================================================

Chhotan Mishra @ Chhotu son of Late Surendra Mishra Village- Kanalua PsAreraj Dist- East Champaran Motihari

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mrs. Namita Sharma, Advocate Mr. Anshu Dhar Sharma, Advocate For the State : Mr. Shailendra Kumar, APP For the Informant : Mr. Vijay Shankar Srivastava, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER

2 18-03-2024 Heard learned counsel for the petitioner, learned A.P.P.

for the State and learned counsel for the informant.

The petitioner apprehends his arrest in connection

with Dumariyaghat P.S. Case No.31 of 2018 instituted under Sections 302, 201/34 of the Indian Penal Code.

It is alleged that the petitioner including other named accused persons took away the informant's son and later on the informant came to know that the car met with an accident and his son was found dead. It is suspected that the petitioner is indulged in the alleged crime.

Learned counsel for the petitioner submits that the

petitioner is quite innocent and has falsely been implicated in this case. He further submits that after investigation, the I.O.

Patna High Court CR. MISC. No.15406 of 2024(2) dt.18-03-2024 2/3

submitted charge sheet only against co-accused Ramesh Mahto under Sections 279, 397, 304(A) of I.P.C. and submitted final form against the petitioner and two other accused persons. However, differing with the police report, learned J.M. 1^st Class took cognizance under Sections 302, 201 and 34 of I.P.C. He further submits that co-accused Ramesh Mahto @ Ramesh Kumar had been granted anticipatory bail by a coordinate bench of this Court vide order dated 13.07.2018 passed in Cr. Misc. No.40638 of 2018. He next submits that the petitioner has no criminal antecedent.

Learned A.P.P. for the State and learned counsel for the informant oppose the prayer for anticipatory bail.

Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Motihari in connection with Dumariyaghat P.S. Case No.31 of 2018, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973 with further condition that:

(i) The petitioner shall appear on each and every date

Patna High Court CR. MISC. No.15406 of 2024(2) dt.18-03-2024 3/3

before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail

bonds by the Trial Court itself.

(Sunil Dutta Mishra, J)

Harish/-

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