Patna High CourtCR. MISC./19934/2020allowed

Kunal Mishra @ Kunal Kumar Mishra @ Kunal Kumar v. The State Of Bihar

2020-06-26Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19934 of 2020 Arising Out of PS. Case No.-45 Year-2020 Thana- BIHARIGANJ District- Madhepura ====================================================== KUNAL MISHRA @ KUNAL KUMAR MISHRA @ KUNAL KUMAR Son of Sanjay Mishra @ Sanjay Kr. Mishra Resident of Village - Udakishunganj, P.S.- Udakishunganj, Distt.- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sharda Nand Mishra For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-06-2020 Heard learned counsel for the parties.

This application for regular bail arises out of Bihariganj P.S. Case No. 45 of 2020, disclosing offence punishable under Section 394 of the Indian Penal Code. Petitioner is in custody since 06.03.2020. The FIR was registered against unknown. Allegedly, the informant was looted of cash of Rs. 2,13,600/- on the point of pistol by two unknown miscreants. The petitioner's name appears to have surfaced on the basis of confessional statement of co-accused Murari Yadav.

Learned counsel appearing on behalf of the petitioner has submitted that there is no material over and above the said confessional statement of co-accused Murari Yadav. Petitioner

Patna High Court CR. MISC. No.19934 of 2020(2) dt.26-06-2020 2/2 has not been put on T.I. Parade so far, though he is in custody since 06.03.2020. He has also submitted that the petitioner's name has been taken by the said co-accused Murari Yadav because in an FIR lodged by the petitioner in December 2019, said Murari Yadav has been made accused. He contends that out of vengeance and animosity his name has been taken by the said co-accused Murari Yadav in his confessional statement. Considering the above submission, this application is allowed. Let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand), with two sureties of the like amount, each to the satisfaction of learned ACJM, Uda Kishanganj, Madhepura in Bihariganj P.S. Case No. 45 of 2020.

(Chakradhari Sharan Singh, J) Rajesh/- U T