Chhotu Mishra @ Chandan Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5550 of 2023 Arising Out of PS. Case No.-221 Year-2021 Thana- ARA NAGAR District- Bhojpur ====================================================== CHHOTU MISHRA @ CHANDAN MISHRA Son of Jai Prakash Mishra Resident of Mohalla - Anandnagar, P.S.- Ara Nagar, District - Bhojpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 326, 307, 506 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

As per prosecution case, due to quarrel with the son of the informant, the co-accused persons came to the shop of the informant and they fired upon the informant. It is further alleged that the petitioner threatening the informant's brother on mobile. The miscreants further fired thrice and fled away on motorcycle. Thereafter, the informant became unconscious. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has

Patna High Court CR. MISC. No.5550 of 2023(2) dt.10-04-2023 2/2 committed no offence. He submitted that there is general and omnibus allegation against the petitioner. He submitted that there is no specific overt act of firing upon the informant against this petitioner. He submitted that the other co-accused has already been granted bail by this Bench vide order dated 24.08.2022 passed in Cr. Misc. No. 10022 of 2022. He further submitted that the case of the petitioner stands on better footing. He is languishing in judicial custody since 24.12.2021. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Bhojpur at Ara in connection with Ara Nagar P.S. Case No. 221 of 2021.

(Sunil Kumar Panwar, J) arish/- U T