IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.7881 of 2011
Santosh Mishra, S/O-Raghaw Sharan Mishra
Versus
State Of Bihar
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05 03.11.2011 Heard learned counsel for the petitioner as well as
learned Additional Public Prosecutor for the State assisted by learned
counsel for the informant.
Petitioner is named in the first information report but
admittedly, informant is not an eye-witness of the alleged occurrence.
It appears from perusal of the case diary as well as submissions of the
parties that after the alleged occurrence police raided the house in
which the alleged occurrence had taken place and apprehended three
persons whereas it is alleged that petitioner and some co-accused
persons managed to flee away from there. The apprehended co-
accused, namely, Manoj Kushwaha confessed his guilt disclosing this
fact that petitioner shot fire on the deceased.
Learned counsel appearing for the petitioner submits
that according to prosecution case itself, the present case was lodged
on 22.06.2010 whereas the confessional statement of co-accused,
namely, Manoj Kushwaha was recorded on 23.06.2010 but it is
surprising enough that before recording the confessional statement of
co-accused, namely, Manoj Kushwaha, name of this petitioner is
figured in the first information report as accused.
Learned counsel appearing for the informant submits
that having similar allegation, the prayer for bail of co-accused Om
Prakash Kushwaha has already been rejected by another Bench of this
2
Court vide order dated 25.02.2011 passed in Cr. Misc. No. 35364 of
2010.
Considering the submissions of the parties as well as
nature of allegation and facts and circumstances of the case, I am not
inclined to release the petitioner on bail. Accordingly, his prayer for
bail in connection with Bettiah Town P.S. Case No. 264 of 2010
pending in the court of Chief Judicial Magistrate, Bettiah, West
Champaran is, hereby, rejected.
SHAHZAD ( Hemant Kumar Srivastava, J.)