Manindra Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36120 of 2020 Arising Out of PS. Case No.-410 Year-2019 Thana- KUCHAIKOTE District- Gopalganj ====================================================== MANINDRA MISHRA SON OF CHEDDI MISHRA R/O VILLAGE - SULTANPUR, P.S. - KATEYA, DISTRICT - GOPALGANJ ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Naresh Dikshit, Advocate For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 27-01-2021 Heard learned Counsel for the petitioner and the learned Counsel for the State.

This Court would expect that the petitioner's Counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office.

Petitioner seeks bail in Kuchaikote PS Case No. 410 of 2019 registered under Sections 302, 120B/34 of the IPC and Section 27 of the Arms Act.

Kuchaikote PS Case No. 7 of 2019 was earlier lodged against the petitioner and others alleging that they had killed the informant's uncle and elder brother. That FIR was instituted by the instant informant's father, who thereafter has been killed, leading to lodging of the instant case against the petitioner and others. It is also alleged in the FIR that the prosecution parties were being coerced, in between the earlier killing and the present case, to compromise the issue.

Learned Counsel for the petitioner submits that the petitioner is a law abiding citizen and that the petitioner has not been named in

Patna High Court CR. MISC. No.36120 of 2020(2) dt.27-01-2021 2/2 the instant case. It is only because the petitioner's name has surfaced in the investigation that he is in custody now since 24.12.2019. Learned APP for the State has opposed the prayer for bail. It is submitted that the petitioner has at least eight criminal antecedent as per details in para 3 of this application. The allegation is that the petitioner along with other has killed father of the informant as a sequel to the earlier killing of informant's uncle and brother. The allegations are such that the petitioner should not be granted bail. Considering the rival submissions, for the present, the prayer for bail of the petitioner is rejected. (Madhuresh Prasad, J) SNkumar/- U T