Sonu Mishra @ Sona Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34703 of 2020 Arising Out of PS. Case No.-250 Year-2019 Thana- RAJPUR District- Buxar ====================================================== SONU MISHRA @ SONA MISHRA S/o Dadan Mishra Resident of VillageAkora @ Akodha, P.S.-Dinara (Bharoop), District-Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kumar Mishra For the Opposite Party/s :

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-01-2021 Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 307 of the Indian Penal Code and Sections 25(1b)a/26/27 of the Arms Act. Prosecution case in short is that while the informant was returning his home and reached Bahuara More, three persons were standing there and told him to stop the vehicle and assaulted him, snatched motorcycle and tried to flee away with mobile and money. On hulla, people gathered and caught after chasing them in the meantime, police also came and accused persons disclosed their name as Sonu Mishra, Sandeep Patra and Jagdanand Mishra and they also disclosed that Pappu Chauhan called them for looting vehicles.

Patna High Court CR. MISC. No.34703 of 2020(2) dt.19-01-2021 2/2 It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 06-11-2019. Charge sheet/Prosecution report in this case has already been submitted. The petitioner has been falsely implicated in the present case. The petitioner was not present at the place of occurrence. Due to mistake of fact, the petitioner has been apprehended in this case. Nothing is said to have been recovered from possession of the petitioner.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Rajpur P.S. Case No. 250 of 2019.

(Sudhir Singh, J) A.K.V.//- U T