Aaditya Mishra @ Mithu @ Mithun v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42897 of 2024 Arising Out of PS. Case No.-162 Year-2024 Thana- ARA NAWADA District- Bhojpur ====================================================== Aaditya Mishra @ Mithu @ Mithun S/O Shatrughan Mishra @ Mohan Baba R/O Village-Mahuli Bujurg, P.S.- Udwant Nagar, Distt-Bhojpur(Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priyanka Singh, Adv.

For the Opposite Party/s :

Mr.Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 26-06-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Ara Nawada P.S. Case No. 162 of 2024 dated 29.02.2024 registered for the offences punishable u/ss 341, 342, 307 and 120B read with Section 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, when the informant and his father were leaving the court premises then the accused persons, Sushil Sah, Ranjit Chaudhari and Manish Chaudhari along with three unknown miscreants fired on them. The accused, Sushil Sah fired on the informant's father with intent to kill which hit his temple causing injury. Thereafter, the injured was taken to the hospital for treatment.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.42897 of 2024(2) dt.26-06-2024 2/2 case. The petitioner is not named in the F.I.R. The name of the petitioner has surfaced in this case in his self confessional statement and there is no material against the petitioner except confessional statement. There is no specific allegation against the petitioner rather the specific allegation of firing is against the coaccused persons. Learned counsel has further submitted that the petitioner has no concern with the alleged recovery. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 09.03.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bhojpur, Ara in connection with Ara Nawada P.S. Case No. 162 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T