Sonu Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53128 of 2021 Arising Out of PS. Case No.-31 Year-2020 Thana- UNIVERSITY District- Muzaffarpur ====================================================== SONU MISHRA Son of Raj Kishore Mishra Resident of Village - Dhanaur, P.s.- Katra, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s : Mr. AK Thakur, Vaishnavi Singh, R Thakur, Advocates For the Opposite Party/s :Mr.Abhay Kumar Roy, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-12-2021 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under sections 302/120B of the Indian Penal Code and section 27 of the Arms Act. As per the prosecution case, while the informant's brother was watching cricket match, five miscreants riding on two motorcycles came there and made indiscriminate firing as result of which he died on the spot. Prior to the incident, petitioner and other accused persons had threatened the informant side of dire consequences as at their instance liquor loaded truck of the petitioner had been seized by the police. Learned counsel for the petitioner submits that the petitioner has not been named by the informant as the assailant of the deceased and at best he may be alleged to be a

Patna High Court CR. MISC. No.53128 of 2021(2) dt.01-12-2021 2/2 conspirator. Victim was also of criminal antecedent and he might have been killed by his enemies. Even during investigation witnesses have not named the petitioner as the assailant of the deceased. No other substantive evidence has been collected during course of investigation to suggest the implication of this petitioner in the present case. Petitioner is in custody since 23.6.2021. Investigation is complete. Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st class, Muzaffarpur in University Police Station Case No. 31 of 2020.

(Prabhat Kumar Singh, J) shashi/- U T