Patna High CourtCR. MISC./78090/2023dismissed

Vinay Kumar Mishra @ Vinay Mishra v. The State Of Bihar

2024-02-29Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78090 of 2023 Arising Out of PS. Case No.-205 Year-2019 Thana- BHORE District- Gopalganj ====================================================== VINAY KUMAR MISHRA @ VINAY MISHRA SON OF LATE SURESH MISHRA RESIDENT OF VILLAGE- BHADAWHI PS- BHOREY DIST -GOPALGANJ ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Madhav Raj For the Opposite Party/s :

Mr. Jharkhandi Upadhyay For the Informant :

Md. Asshar Mustafa Mr. Abu Nasar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 29-02-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner seeks bail in connection with Bhore P.S. Case No. 205 of 2019 registered for the offence under Sections 302, 404 and 120B/34 of the Indian Penal Code and under Section 27 of the Arms Act.

3. As per the prosecution case, the petitioner is accused of firing at the deceased along with five more persons.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case.

5. It is also submitted by the learned counsel for

Patna High Court CR. MISC. No.78090 of 2023(3) dt.29-02-2024 2/2 the petitioner that the petitioner is in jail since 5.4.2023.

6. Learned APP for the State assisted by learned counsel for the informant have vehemently opposed the prayer of the petitioner for grant of bail by contending that it is a serious case of murder and the petitioner is an absconder also. He further submits that the prayer for bail of similarly situated accused persons has been rejected by this Court.

7. Considering the aforesaid facts, this Court is not inclined to grant bail to the petitioner.

8. Accordingly, this application is dismissed.

9. The trial Court is directed to expedite the trial of the petitioner and conclude the same at the earliest. If there is no sufficient progress in the trial due to the fault of the prosecution side then the petitioner may renew his prayer for grant of bail.

(Sandeep Kumar, J) Vikas/- U T