Sonu Jha @ Navin Mishra @ Navin Kumar Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53603 of 2023 Arising Out of PS. Case No.-631 Year-2021 Thana- SIWAN CITY District- Siwan ====================================================== SONU JHA @ NAVIN MISHRA @ NAVIN KUMAR MISHRA S/O DEV NARAYAN MISHRA VILLAGE BANUA, TURKI KHARAO, P.S.- MINAPUR, DISTRICT- MUZAFFARPUR, STATE- BIHAR ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amit Narayan, Advocate Mr. Abhigyan Kumar, Advocate Ms. Ritika Roy, Advocate For the Opposite Party/s :
Mr. Satyendra Narayan Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-08-2023 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 364, 365, 302, 201, 120(B)/34 of the Indian Penal Code.
3. As per the prosecution story, on 07.11.2021 at about 11:00 A.M., the informant's son Vishal Singh along with Upendra Singh and Permendra Yadav went in the informant's Scorpio bearing Registration No. BR-29-PA-9458 but till late night did not return home. On 08.11.2021 at about 07:30 A.M., the informant received a call who informed her that her Scorpio is lying in Mirganj police station in an unclaimed condition. It was submitted that though the Scorpio was found, the son of the
Patna High Court CR. MISC. No.53603 of 2023(2) dt.24-08-2023 2/2 informant along with his two friends could not be located.
4. It is submitted that petitioner is not named in the F.I.R. and his name transpired during course of investigation in the confessional statement of co-accused Ayub Khan. Except confessional statement there is no other material against the petitioner to show his complicity in the aforesaid crime. It is further submitted that similarly situated co-accused persons have already been granted bail vide paragraph Nos. 7 and 8 of the petition. Petitioner has got clean antecedent.
5. Considering the facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, 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 Chief Judicial Magistrate, Siwan in connection with Siwan Town P. S. Case No. 631 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Navya/- U T