Sonu Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57521 of 2021 Arising Out of PS. Case No.-384 Year-2019 Thana- BAIRIYA District- West Champaran ====================================================== SONU MISHRA, S/O SRI OM PRAKASH MISHRA R/o village- Hat Saraiya, Pandit Tola, P.S.- Bairiya, District- West Champarn ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 21-01-2022 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Bairiya P. S. Case No. 384 of 2019, instituted for the offences under Sections 147, 148, 149, 341, 323, 342, 307, 332, 333, 427, 436, 504, 506 and 120(B) of the Indian Penal Code and Sections 3 and 4 of the Prevention of Damage to Public Property Act.

It has been alleged in the First Information Report that for the murder of one Munna Sah, the villagers were suspecting the hands of one Santosh Sah

Patna High Court CR. MISC. No.57521 of 2021(2) dt.21-01-2022 2/3 who was being protected by the local police. As a result, when the local police arrived at the place of occurrence, they were attacked by the villagers.

The petitioner has been made accused in this case on the basis of his identification in the video footage and on statement of other witnesses.

It has been urged on behalf of the petitioner that merely because he is the resident of the village and has shown some sympathy for the aforesaid Munna Sah, he has been made accused in this case.

There is no specific accusation against him.

The petitioner is a poor person of the village, who has unnecessarily been made accused in this case. He does not have criminal antecedents.

Regard being had to the afore-stated facts, the petitioner, above-named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail

Patna High Court CR. MISC. No.57521 of 2021(2) dt.21-01-2022 3/3 bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate - III, West Champaran, Bettiah, in connection with Bairiya P. S. Case No. 384 of 2019, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) skm/- U T