Munna Mishra @ Dilip Mishra @ Dilip Kumar Mishra @ Manoj Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36078 of 2023 Arising Out of PS. Case No.-136 Year-2018 Thana- KATEYA District- Gopalganj ====================================================== Munna Mishra @ Dilip Mishra @ Dilip Kumar Mishra @ Manoj Mishra Son of Late Ganga Mishra @ Laxmikant Mishra Resident of Vilage Panan Mahuawa, PS- Kateya, District- Gopalganj, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Indrajeet Bhushan For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 395 and 397 of the Indian Penal Code.

As per prosecution case, the informant was at his Petrol Pump- Anand Service centre and his employees were on their duty. In the meantime, nine persons came with motorcycles took petrol from the Nozzle man and other persons slapped the Nozzle man and started snatching the money. Informant came out from his office and identified the miscreants as petitioner and other co-accused persons. The informant further alleged that co-accused Golu Mishra looted the money to the tune of Rs.

Patna High Court CR. MISC. No.36078 of 2023(2) dt.03-07-2023 2/3 3,89,000/- from the Nozzle man as well from counter and the miscreants, who were armed with pistol started firing and created terror.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. On the basis of suspicion and due to his criminal antecedents, the name of the petitioner has come into light. Nothing incriminating/looted articles have been recovered from the conscious possession of the petitioner. No T.I. Parade has been done. He further submitted that the other co-accused has already been granted bail by a Co-ordinate Bench vide order dated 26.02.2019 passed in Cr. Misc. No. 11561 of 2019. Petitioner has remanded in this case on 09.08.2021 and since then he is languishing in judicial custody.

The application for bail is opposed by learned APP for the State.

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

Patna High Court CR. MISC. No.36078 of 2023(2) dt.03-07-2023 3/3 satisfaction of the learned A.D.J.-V, Gopalganj/concerned Court in connection with Kateya P.S. Case No. 136 of 2018. (Sunil Kumar Panwar, J) arish/- U T