Jhunna Mishra @ Jhuna Mishra @ Jhunu Mishra @ Paritosh Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53846 of 2025 Arising Out of PS. Case No.-6 Year-2012 Thana- KATEYA District- Gopalganj ====================================================== Jhunna Mishra @ Jhuna Mishra @ Jhunu Mishra @ Paritosh Mishra S/o Dinesh Mishra R/o Village- Achary Banakta, P.S.- Bhore, District- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dewanand Tiwari, Adv For the Opposite Party/s :
Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 01-08-2025 Heard learned Counsel for the petitioner and learned A.P.P for the State.
2. Learned counsel for the petitioner is directed to make necessary correction in paragraph no. 14 of the bail petition.
3. This is the second attempt on behalf of the petitioner for grant of regular bail. Earlier, the prayer of the petitioner for grant of bail has been rejected by this Court vide order dated 07.07.2025 passed in Cr. Misc. No. 19778 of 2025.
4. The petitioner seeks regular bail in a case registered for the offences punishable under Sections 302, 379 and 120B of the IPC and Section 27 of the Arms Act.
5. As per the prosecution case, the informant has alleged that one Jitendra Rai had informed that F.I.R., named
Patna High Court CR. MISC. No.53846 of 2025(2) dt.01-08-2025 2/3 accused persons namely Ramankant Mishra and Munna Mishra along with three unknown persons have committed the murder of the husband of the informant.
6. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that the petitioner is not named in the FIR and the co-accused, namely, Manoj Singh @ Manoj Kumar Singh, on whose confession the name of the petitioner has surfaced in this case, has already been granted bail by this Court vide order dated 03.09.2012 passed in Cr. Misc. No. 29261 of 2012. Learned counsel for the petitioner next submits that in pursuance to the liberty granted to the petitioner vide order date 07.07.2025 passed in Cr. Misc. No. 19778 of 2025, the petitioner has filed the present application after framing of charge which was done on 10.07.2025. It is lastly submitted that the petitioner has three criminal antecedents and is in custody since 18.01.2025.
7. Learned APP for the State has vehemently opposed the prayer for bail of the petitioner.
8. Considering the aforesaid submissions of the parties and taking into account the fact that the co-accused, on whose confession the name of the petitioner has surfaced in this
Patna High Court CR. MISC. No.53846 of 2025(2) dt.01-08-2025 3/3 case, has already been granted bail, let the petitioner abovenamed, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gopalganj, in connection with Kateya P.S. Case No. 06 of 2012 subject to the following conditions:- (i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court.
(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be canceled by the Court concerned.
(iv) The learned Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of the same or in the name of verification.
9. The application stands allowed.
(Sourendra Pandey, J) Jyoti/- U T