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Patna High Court

Munnan MishraversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted bail to the petitioner.

Summary

The petitioner, Munnan Mishra, sought bail in a case involving charges under IPC sections 341, 302, 504, 506 and 34 relating to a violent dispute over a field boundary that resulted in the death of Ajit Mishra. The prosecution alleged that Mishra and others opened fire, causing the fatal injuries, while the defence claimed Mishra was innocent, was himself injured, and that the deceased had fired first. The petitioner argued that key witnesses were absent, the informant was absconding, and he had no criminal antecedent. The State opposed bail, citing the seriousness of the offences. After hearing both sides, the High Court found the circumstances sufficient to justify bail and ordered the petitioner released on a Rs.10,000 bond with two sureties.

Issues considered

  • Whether bail should be granted to the petitioner despite charges of murder and other serious offences.
  • Whether the petitioner poses a flight risk or risk of tampering with evidence.
  • Whether the absence of key witnesses and the petitioner’s alleged injuries affect the bail decision.

Legislation cited

Subjects

  • bail
  • murder
  • IPC
  • common intention
  • criminal intimidation
  • Patna High Court
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15484 of 2026
                    Arising Out of PS. Case No.-84 Year-2024 Thana- CHAND District- Kaimur (Bhabua)
                 ======================================================
                 Munnan Mishra Son of Late Udho Mishra Ro Village - Nibi, P.S. - Chand,
                 District - Kaimur, Bhabua.

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Harsh Singh, Advocate
                                                  Mr. Abhijeet, Advocate
                 For the Opposite Party/s :       Mr. Brajendra Nath Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   11-03-2026                   Heard learned counsel for the petitioner and the learned

                   APP for the State.

                                 2. The petitioner has prayed for bail in connection with

                   Sessions Trial No. 253 of 2024 arising out of Chand P.S. Case No.

                   84 of 2024 registered for the offence punishable under Sections

                   341, 302, 504, 506, 34 of the Indian Penal Code.

                                 3. Learned counsel for the petitioner has submitted that

                   earlier the bail petition of this petitioner was rejected vide order

                   dated 16.01.2025.

                                 4. The case of the prosecution, in short, is that the

                   informant was raising a boundary on his field. Anil 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’s
Patna High Court CR. MISC. No.15484 of 2026(3) dt.11-03-2026
                                            2/3




          party objected, Mohan Mishra and Prem Shankar Mishra

          ordered them to kill. On this the petitioner fired with a gun and

          Amit Mishra fired using a rifle, Ajay Mishra fired from katta

          and Chandan Mishra fired with a pistol. It is alleged that the

          gunshot hit Ajit Mishra, due to which he fell down and in the

          course of the treatment, he succumbed to the injuries.

                       5. Learned counsel appearing on behalf of the petitioner

          has submitted that petitioner is innocent and has committed no

          offence. He has been falsely implicated in this case. He also

          submits that there is also a counter version of this case and that

          the petitioner has also received gunshot injuries in this case. He

          also submits that the deceased is the one who opened fire first.

          Learned counsel for the petitioner has annexed the order sheet

          of the learned trial court, which goes to show that till today, two

          witnesses have been examined, and on all dates, the petitioner is

          brought from jail to the court, but the witnesses are not present.

          He also submits that the reason behind this is explained by him

          in vide order sheet of Chand P.S. Case No. 85 of 2024. From

          perusal of this order sheet, it transpires that the bail bond of

          Lallan Mishra and Anil Mishra was cancelled. He further

          submits that the Anil Mishra who is the informant of this case is

          absconding; that is why the trial in this case is hampered and the

          petitioner is in custody since 18.05.2024. He further submits
           Patna High Court CR. MISC. No.15484 of 2026(3) dt.11-03-2026
                                                       3/3




                     that there is an allegation against four persons of making the

                     firing, but from perusal of the post-mortem report, it will

                     transpire that the deceased has received three entry wounds. He

                     also submits that the petitioner has also received three gunshot

                     injuries. Moreover, a statement has been made in para 3 of the

                     petition that petitioner has no criminal antecedent.

                                  6. The application for bail is opposed by learned APP

                     for the State.

                                  7. Having heard learned counsel for the parties and

                     considering the facts and circumstances of the case, this Court is

                     inclined to enlarge the petitioner on bail.          The above named

                     petitioner is directed to be enlarged on bail on furnishing bail

                     bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of

                     the like amount each to the satisfaction of the learned Additional

                     Sessions Judge-III, Kaimur at Bhabhua in connection with

                     Sessions Trial No. 253 of 2024 arising out of Chand P.S. Case No.

                     84 of 2024.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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