Manindra @ Manindra Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25149 of 2023 Arising Out of PS. Case No.-410 Year-2019 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Manindra @ Manindra Mishra Son Of Chedi Mishra Village Sultanpur Ps Kateya District Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sumit Shekhar Pandey For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 302, 120B and 34 of the Indian Penal Code and Section 27 of Arms Act.

3. As per FIR, a litigation was going on between the parties. Prior to the alleged incident, the accused persons came to the house of the informant and proposed to give Rs. 5 lakh and 5 katha of land for withdrawal of the case but the father of the informant has refused the said proposal. Thereafter, the accused persons hatched a conspiracy and committed murder of the father of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named

Patna High Court CR. MISC. No.25149 of 2023(8) dt.08-11-2023 2/2 in FIR rather his name came into light in this case during the course of investigation because some witnesses have named the petitioner as one of the conspirator of this case. Nothing consistent material has come against the petitioner to implicate in this case. Similarly situated other co-accused persons who were named in FIR have already been granted bail by another coordinate Benches of this Court vide Annexure-4 series of this petition. Moreover, the petitioner is languishing in judicial custody since 24.12.2019.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kuchaikote P.S. Case No. 410 of 2019 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-VII, Gopalganj.

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