Patna High CourtCR. MISC./47797/2024bail granted

Monu Mishra v. The State Of Bihar

2024-08-31Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47797 of 2024 Arising Out of PS. Case No.-31 Year-2020 Thana- UNIVERSITY District- Muzaffarpur ====================================================== MONU MISHRA S/O RAJ KISHORE MISHRA RESIDENT OF VILLAGEDHANAUR, POLICE STATION- KATRA, DISTRICT- MUZAFFARPUR. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nilendu Kumar Choudhary, Advocate For the Opposite Party/s :

Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-08-2024 Heard learned counsel for the parties.

2. The petitioner seeks bail in a case registered for the offence under Section 302, 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

3 . As per the prosecution case , some unknown miscreants, riding on two motorcycles, committed murder of brother of the informant by making indiscriminate firing.

4. Learned counsel for the petitioner submits that petitioner is only alleged to be a conspirator. During course of investigation , no substantive evidence has come against this petitioner to show his complicity in the alleged occurrence . As a matter of fact, brother of informant was himself indulged in illegal activities and has several enemies due to which he has been killed and taking advantage of the situation this petitioner

Patna High Court CR. MISC. No.47797 of 2024(2) dt.31-08-2024 2/2 has falsely been implicated in this case . Co-accused Sonu Mishra, who is alleged to be one of the conspirator, has been granted bail by this Court, vide order dated 01.12.2021 passed in Cr.Misc. No. 53128 of 2021. Chargesheet has already been submitted. Petitioner is in custody since 01.04.2024 . 5 . Learned A.P.P. for the State has opposed the bail petition.

6. Considering the aforesaid facts and circumstances, claim of parity , the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 5th Additional Sessions Judge Muzaffarpur in connection with Sessions Trial No. 182 of 2021, arising out of University P.S. Case No. 31 of 2020.

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