Kanhaiya Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32797 of 2024 Arising Out of PS. Case No.-42 Year-2023 Thana- KARPURIGRAM District- Samastipur ====================================================== Kanhaiya Kumar Mishra S/o Maha Kant Mishra R/O Village Bhatgawa PS Dalsinghsarai District Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Murari Narain Chaudhary For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 341, 323, 324, 307, 504, 506/34 of the Indian Penal Code.

Prosecution case in nutshell is that while the informant was returning after collection Rs. 1,500 from the owner of Bhawani Spices, he was surrounded by petitioner along with other co-accused persons and at the order of co-accused Munindra Mishra, petitioner and

Patna High Court CR. MISC. No.32797 of 2024(2) dt.16-05-2024 2/3 other co-accused persons assaulted him and snatched the money from his pocket.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case due to previous enmity and family dispute. There is no specific allegation against the petitioner rather the allegation levelled against him is general and omnibus. Moreover, the petitioner is languishing in judicial custody since 30.01.2024. Similarly situated several co-accused persons have been granted bail by this Court as well as co-ordinate Bench of this Court.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration 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

Patna High Court CR. MISC. No.32797 of 2024(2) dt.16-05-2024 3/3 bail in connection with Karpoorigram P.S. Case No. 42 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Samastipur/concerned Court.

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