Sonu Mishra @ Sonu Dev v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47315 of 2024 Arising Out of PS. Case No.-23 Year-2024 Thana- BANGAWON District- Saharsa ====================================================== 1.

Sonu Mishra @ Sonu Dev Son of Late Pankaj Mishra R/O Vill.- Bangaon, P.S.- Bangaon, Dist.- Saharsa 2.

Pramod Khan Son of Late Ganga Khan R/O Vill.- Bangaon, P.S.- Bangaon, Dist.- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Mishra, Adv.

For the Opposite Party/s :

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-07-2024 Heard learned counsel for the petitioners and learned A.P.P for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Bangaon P.S. Case No. 23 of 2024 dated 14.03.2024 registered for the offences punishable under sections 302 and 201 of the Indian Penal Code.

3. As per the prosecution case, the informant got a secret information that a dead body of a person lying on the road side of Dholan Jha. The dead body was identified as Chintu Kumar (deceased). The co-accused Sagar Jha brutally killed his full brother by assaulting and strangulating her with electric

Patna High Court CR. MISC. No.47315 of 2024(2) dt.24-07-2024 2/3 wire. It is further alleged that the allegation against the petitioners is to disappear the dead body of the deceased.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. The petitioners are not named in the FIR. The name of the petitioners have transpired in this case during the course of investigation. It is further submitted that on account of property dispute, the co-accused Sagar Jha might have killed his own brother and the petitioners have no concern with the alleged occurrence. No incriminating article has been recovered from the possession of the petitioners. The petitioner no.1 has one criminal antecedent and petitioner no.2 has clean antecedent as stated in para 3 of the bail petition. The petitioner no.1 is in custody since 15.03.2024 and petitioner no.2 is in custody since 23.04.2024.

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

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.47315 of 2024(2) dt.24-07-2024 3/3 learned Court concerned, Saharsa in connection with Bangaon P.S. Case No. 23 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U