Vijay Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9405 of 2025 Arising Out of PS. Case No.-1084 Year-2019 Thana- ARA NAWADA District- Bhojpur ====================================================== Vijay Mishra S/O Satendar Mishra @ Dara Mishra Resident of villageSonvarsha, P.S.- Karnamepur, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Shankar Pathak For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 16-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Ara Nawada P.S. Case No. 1084 of 2019 dated 21.12.2019 instituted for the offence punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the FIR, the uncle of the informant has been shot dead by some unknown miscreants.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that during course of investigation, Bhanjan Singh was arrested on whose confessional statement, petitioner has been made accused in this case. It is next submitted that the said Bhanjan Singh has been granted bail vide

Patna High Court CR. MISC. No.9405 of 2025(3) dt.16-05-2025 2/3 order dated 10.03.2021 passed by a Co-ordinate Bench of this Court in Criminal Miscellaneous No. 35996 of 2020. It is further submitted that similarly situated co-accused person namely, Atul Bihari Pandey @ Atul Pandey @ Nikhil Pandey has also been granted bail vide order dated 14.09.2023 passed by a Co-ordinate Bench of this court in Criminal Miscellaneous No. 60599 of 2023. During the course of investigation, a supplementary investigation was made against the petitioner and on that basis petitioner was arrested on 07.12.2024. Learned counsel further submitted that except confessional statement of co-accused Bhanjan Singh, there is no cogent material against the petitioner in the supplementary case diary. Lastly, it has been submitted that the petitioner is in custody since 07.12.2024 having no criminal antecedents and charge-sheet has been submitted in the case.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Bhojpur at Ara in

Patna High Court CR. MISC. No.9405 of 2025(3) dt.16-05-2025 3/3 Ara Nawada P.S. Case No. 1084 of 2019.

(Khatim Reza, J) Sankalp/- U T