Patna High CourtCR. MISC./68840/2021bail granted

Kundan Mishra @ Chhotu Mishra v. The State Of Bihar

2022-04-20Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68840 of 2021 Arising Out of PS. Case No.-154 Year-2021 Thana- LADANIA District- Madhubani ====================================================== KUNDAN MISHRA @ CHHOTU MISHRA Son of Late Hridya Kant Mishra Resident of Village- Padma, P.S.- Ladaniya, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gopal Jha, Adv.

For the Opposite Party/s :

Mr. Arvind Kumar Pandey, A.P.P. 84 ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-04-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302, 307 and other sections of the Indian Penal Code.

As per the prosecution case, it is stated that secret information was received that the accused persons including the petitioner herein had caught a thief and were assaulting him. Inspite of the police reaching the place of occurrence and persuading the accused not to assault, they did not listen and as a result of the assault, the alleged thief died. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. He is in custody since 6.6.2021. The allegations are general and omnibus in nature. Chargesheet has been submitted in the case.

Patna High Court CR. MISC. No.68840 of 2021(2) dt.20-04-2022 2/2 Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the allegation in the F.I.R. being general and omnibus in nature, the petitioner being in custody for 10 months and chargesheet having been submitted in the case against the petitioner who has no criminal antecedent, the Court directs the petitioner to be enlarged on bail in connection with Ladaniya P.S. Case no.154 of 2021 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Madhubani.

(Partha Sarthy, J) Saurabh/- U T