Munnan Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68860 of 2024 Arising Out of PS. Case No.-84 Year-2024 Thana- CHAND District- Kaimur (Bhabua) ====================================================== Munnan Mishra, Son of Late Udho Mishra, R/o Village- Nibi, P.S.- Chand, District- Kaimur (Bhabhua), Bihar- 821106 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Priyajeet Pandey, Advocate Ms. Megha, Advocate Mr. Kaustubh Kumar, Advocate For the Opposite Party/s :

Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 16-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is praying for regular bail in a case registered for the offence punishable under Sections 341, 302, 504, 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The case of the prosecution is that the informant was raising a boundary on his field. Ajit Mishra and his father Lallan Mishra were also there. At that time the petitioner along with others arrived there and there was hot talk between them. After that it is alleged that when the informant party objected, Mohan Mishra and Prem Shankar Mishra ordered to kill. On this the petitioner fired with a gun, Amit Mishra fired using a rifle, Ajay Mishra fired from katta and Chandan Mishra using a

Patna High Court CR. MISC. No.68860 of 2024(4) dt.16-01-2025 2/2 pistol. It is further alleged that the gun shot hit Ajit Mishra @ Dimpu Mishra who fell down there. In course of treatment he succumbed to the injuries.

4. During course of hearing, learned counsel for the petitioner has submitted that there is also a counter version of this case and that the petitioner has also received gun shot injury in this case. It has also been submitted that the deceased is the one who open fire first.

5. Learned APP for the State has vehemently opposed the prayer of regular bail. From perusal of the post mortem report it is clear that the deceased has received three wounds on his person. There is allegation of fire against the petitioner which resulted in the death of Ajit Mishra.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is not inclined to enlarge the petitioner on bail.

7. Accordingly, the present bail application stands rejected.

(Ashok Kumar Pandey, J) durgesh/- U T