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Patna High CourtCR. MISC./45174/2022allowed

Guddu Mishra v. The State Of Bihar

2023-02-13Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45174 of 2022 Arising Out of PS. Case No.-84 Year-2022 Thana- ARARIA District- Araria ====================================================== GUDDU MISHRA SON OF AMBEY MISHRA @ ANIL MISHRA R/O VILLAGE- RAJESHWARY, P.S.- CHHATAPUR (WRONGLY WRITTEN

IN THE F.I.R. AS JADIYA), DISTRICT- SUPAUL

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Malay Kumar Choudhary For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 302, 201 and 34 of the Indian Penal Code.

As per allegation in the FIR, petitioner in connivance with other co-accused persons has committed murder of the informant's son and to save their own skin, they took the dead body to the Hospital.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Except suspicion, no other consistent material has come during investigation to implicate the petitioner in the present case. No

Patna High Court CR. MISC. No.45174 of 2022(4) dt.13-02-2023 2/2 one is eye witness of the occurrence. No specific allegation of assault or committing murder is attributed against the petitioner. Petitioner is languishing in judicial custody since 29.01.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Araria in connection with Araria P.S. Case No. 84 of 2022. (Sunil Kumar Panwar, J) sushma/- U