Mohan Mishra @ Sonu @ Sono v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38427 of 2022 Arising Out of PS. Case No.-911 Year-2021 Thana- MANER District- Patna ====================================================== Mohan Mishra @ Sonu @ Sono Son Of Late Lakshuman Mishra @ Lakshman Mishra Resident Of Bansghat, Mandiri, P.S.- Budha Colony, District- Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 43029 of 2022 Arising Out of PS. Case No.-911 Year-2021 Thana- MANER District- Patna ====================================================== RAJ KUMAR BIND @ RAJU @ RAJ KUMAR Son of Manohar Bind Resident of Village- Husain chak @ Husenchak, P.s.- Harnaut, District - Nalanda.

... ... Petitioner/s

Versus

The state of bihar ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 38427 of 2022) For the Petitioner/s :

Mr.Sanjay Kumar Singh For the Opposite Party/s :

Mr.Yogendra Kumar Singh (In CRIMINAL MISCELLANEOUS No. 43029 of 2022) For the Petitioner/s :

Mr.Yugal Kishore For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-02-2023 Heard learned counsel for the petitioners, leaned counsel for the informant and learned APP for the State. The petitioners seek regular bail in connection with Maner P.S. Case No. 911of 2021 registered for the offence under Sections 394 and 302 of the Indian Penal Code.

Patna High Court CR. MISC. No.38427 of 2022(5) dt.06-02-2023 2/3 Allegation against the petitioners is that they committed dacoity in the house of the informant and fled away with cash of Rs. 1,95,000/- and some ornaments. It is further alleged that informant's husband was killed by the petitioners. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case merely on suspicion. It is further submitted that there is no consistent material against this petitioner. FSL report shows that the slipper which was recovered from this petitioner Mohan Mishra with the stain of blood is of human beings but it is not to be said that the said blood stain relates to informant's husband (deceased).

It is further submitted that the recovered bunch of keys from the place of occurrence, belongs to other co-accused Rahul Kumar. Learned counsel in respect of petitioner Raj Kumar Bind submits that this petitioner is not named in FIR rather his name came into light only on the basis of confessional statement of co-accused Mangal Kumar. Petitioners namely, Mohan Mishra and Raj Kumar Bind are languishing in judicial custody since 12.11.2021 and 27.3.2022 respectively.

Learned APP appearing for the state and learned counsel for the informant vehemently opposed the prayer of

Patna High Court CR. MISC. No.38427 of 2022(5) dt.06-02-2023 3/3 regular bail and submitted that in respect of commission of this offence, the said slipper and notes were recovered from the petitioner Mohan Mishra.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Maner P.S. Case No. 911 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned J.M.- 1st , Class, Danapur, Patna.

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