Laddoo Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40870 of 2020 Arising Out of PS. Case No.-66 Year-2018 Thana- SATHI District- West Champaran ====================================================== LADDOO MISHRA S/o Late Mangani Mishra R/o Village- Dhamaura, P.S.- Sathi, Present Resident of Village- Pokharbhinda, P.S.- Bettiah Mufassil, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amarendra Nath Verma, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-02-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Sathi P.S. Case no. 66 of 2018 registered under sections 302, 506 and 34 of the Indian Penal Code.

As per allegation in the FIR, it is stated by the informant that for the purpose of settling a land dispute between the parties, accused Bikdu Mishra called her husband and thereafter all the accused persons including the petitioner herein brutally assaulted him leading to his death.

It is submitted by learned counsel for the petitioner that the allegations as narrated in the FIR are false and concocted. It is submitted that the case of the petitioner stands on similar footing to that of co-accused Bikdu Mishra, who has

Patna High Court CR. MISC. No.40870 of 2020(2) dt.09-02-2021 2/2 been enlarged on bail vide order dated 20.11.2018 passed in Cr. Misc. no. 64204 of 2018. It is further submitted that from perusal of the said order, it appears that there is admitted land dispute between the parties who have also contested in Partition Suit no. 78 of 1986 . The allegations are general and omnibus in nature and the petitioner, who has no criminal antecedent, is in custody since 5.2.2020 i.e. more than one year. Chargesheet has been submitted in the case.

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

Having heard learned counsel for the parties and taking into consideration the period in custody and grant of bail to the co-accused, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Sathi P.S. Case no. 66 of 2018 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran. (Partha Sarthy, J) sushma/- U