Prince Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16315 of 2023 Arising Out of PS. Case No.-473 Year-2022 Thana- LAXMIPUR District- Jamui ====================================================== PRINCE MISHRA SON OF LATE CHANDRASHEKHAR MISHRA RESIDENT OF VILLAGE- NOWKADIH, PS- LAXMIPUR, DISTRICTJAMUI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Satya Prakash Parasar For the Opposite Party/s :
Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-08-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302/34 Indian Penal Code and Section 27 of the Arms Act.
3. The allegation against the petitioner along with others is of firing upon the husband of the informant leading to his death.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. According to prosecution case, the deceased was playing card with his friends namely, Dashrath Mandal, Shambhu Mandal and Sanjay Tanti, but during
Patna High Court CR. MISC. No.16315 of 2023(4) dt.01-08-2023 2/2 investigation, these witnesses have not supported the prosecution case, which is mentioned in vide paras- 76 to 78. There is no specific overt act of firing against the petitioner and only conspiracy has been shown against him. He is languishing in judicial custody since 19.12.2022.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, 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 Court below in connection with Laxmipur P.S. Case No. 473 of 2022.
(Sunil Kumar Panwar, J) arish/- U T