Patna High Court
Munnan MishraversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Indian Penal Code — s. 302, 34, 341, 504, 506
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
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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
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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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