Munnan Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15484 of 2026 Arising Out of PS. Case No.-84 Year-2024 Thana- CHAND District- Kaimur (Bhabua) ====================================================== Munnan Mishra Son of Late Udho Mishra Ro Village - Nibi, P.S. - Chand, District - Kaimur, Bhabua.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Harsh Singh, Advocate Mr. Abhijeet, Advocate For the Opposite Party/s :
Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 11-03-2026 Heard learned counsel for the petitioner and the learned APP for the State.
2. The petitioner has prayed for bail in connection with Sessions Trial No. 253 of 2024 arising out of Chand P.S. Case No. 84 of 2024 registered for the offence punishable under Sections 341, 302, 504, 506, 34 of the Indian Penal Code.
3. Learned counsel for the petitioner has submitted that earlier the bail petition of this petitioner was rejected vide order dated 16.01.2025.
4. The case of the prosecution, in short, is that the informant was raising a boundary on his field. Anil Mishra and his father, Lallan Mishra, were also there. At that time, the petitioner along with others arrived there and there was hot talk between them. After that, it is alleged that when the informant's
Patna High Court CR. MISC. No.15484 of 2026(3) dt.11-03-2026 2/3 party objected, Mohan Mishra and Prem Shankar Mishra ordered them to kill. On this the petitioner fired with a gun and Amit Mishra fired using a rifle, Ajay Mishra fired from katta and Chandan Mishra fired with a pistol. It is alleged that the gunshot hit Ajit Mishra, due to which he fell down and in the course of the treatment, he succumbed to the injuries.
5. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. He also submits that there is also a counter version of this case and that the petitioner has also received gunshot injuries in this case. He also submits that the deceased is the one who opened fire first. Learned counsel for the petitioner has annexed the order sheet of the learned trial court, which goes to show that till today, two witnesses have been examined, and on all dates, the petitioner is brought from jail to the court, but the witnesses are not present. He also submits that the reason behind this is explained by him in vide order sheet of Chand P.S. Case No. 85 of 2024. From perusal of this order sheet, it transpires that the bail bond of Lallan Mishra and Anil Mishra was cancelled. He further submits that the Anil Mishra who is the informant of this case is absconding; that is why the trial in this case is hampered and the petitioner is in custody since 18.05.2024. He further submits
Patna High Court CR. MISC. No.15484 of 2026(3) dt.11-03-2026 3/3 that there is an allegation against four persons of making the firing, but from perusal of the post-mortem report, it will transpire that the deceased has received three entry wounds. He also submits that the petitioner has also received three gunshot injuries. Moreover, a statement has been made in para 3 of the petition that petitioner has no criminal antecedent.
6. The application for bail is opposed by learned APP for the State.
7. 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 Additional Sessions Judge-III, Kaimur at Bhabhua in connection with Sessions Trial No. 253 of 2024 arising out of Chand P.S. Case No. 84 of 2024.
(Ashok Kumar Pandey, J) Sudhanshu/- U T