Allowed

Jhunna Mishra v. the State of Bihar

Patna HC11 May 2023CR. APP (SJ)/320/2023

Case brief

AI extract

What is this about?

Appeals challenging rejection of bail in a Chainpur PS case involving murder and SC/ST (Prevention of Atrocities) Act offences. The High Court set aside the trial court's bail-refusal orders and directed the appellants to be released on bail on furnishing bonds with two sureties.

What did the court decide?

Appellants directed to be released on bail on Rs.10,000 bonds each with two sureties of the like amount to the satisfaction of the Special Judge, SC/ST Act, Kaimur at Bhabhua.

Jhunna Mishra Vs the State of Bihar — Caste Atrocities | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.320 of 2023

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Arising Out of PS. Case No.-219 Year-2022 Thana- CHAINPUR District- Kaimur (Bhabua)

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======================================================

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Jhunna Mishra S/O Sri Raj Mohan Mishra R/V- Lodipur, P.S.- Chainpur, District- Kaimur At Bhabua

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... ... Appellant/s

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Versus

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The State Of Bihar

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Shivpujan Kumar S/O Late Ramchandra Ram R/V- Meth, P.S.- Chainpur, District- Kaimur At Bhabua

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... ... Respondent/s

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======================================================

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with

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CRIMINAL APPEAL (SJ) No. 447 of 2023

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Arising Out of PS. Case No.-219 Year-2022 Thana- CHAINPUR District- Kaimur (Bhabua)

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======================================================

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Pratap Pandey S/O Sri Kamal Nand Pandey Resident Of Village- Dube Ke Saraiya, P.O.- Hata, P.S.- Chainpur, District- Kaimur At Bhabhua.

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... ... Appellant/s

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Versus

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The State Of Bihar

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Shivpujan Kumar S/O Late Ramchandra Ram Resident Of Village- Meth, P.S.- Chainpur, District- Kaimur.

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... ... Respondent/s

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====================================================== Appearance : (In CRIMINAL APPEAL (SJ) No. 320 of 2023) For the Appellant/s : Mr.Vaishnavi Singh For the Respondent/s : Mr.Binay Krishna (In CRIMINAL APPEAL (SJ) No. 447 of 2023) For the Appellant/s : Mr.Vaishnavi Singh For the Respondent/s : Mr.Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR

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ORAL ORDER

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4 11-05-2023 Heard learned counsel for the appellants,

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informant and learned Special P.P for the State.

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The appellants have challenged the order dated

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21.12.2022 and 17.12.2022 passed by learned

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Patna High Court CR. APP (SJ) No.320 of 2023(4) dt.11-05-2023 2/4

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Additional District & Sessions Judge-I-cum-Special Judge, SC/ST, Kaimur at Bhabhua in connection with Chainpur P.S. Case No. 219 of 2022 instituted for the offences punishable under Sections 147, 148, 149, 341, 323, 302, 504, 506 of the Indian Penal Code and Sections 3(1)(r)(s), 3(2)(v) of the SC & ST (Prevention of Atrocities) Act whereby their prayer for being released on bail has been rejected.

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It is a case of commission of murder of the father of the informant by F.I.R named accused persons along with 3-4 unknown persons.

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It is submitted by learned counsel for the

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appellants that appellants are innocent and they have falsely been implicated in this case. The appellant/Jhunna Mishra is not named in the F.I.R and his name surfaced on the confessional statement of appellant/Pratap Pandey. It is submitted on behalf of appellant/Pratap Pandey that there was land pending dispute between the parties and in the background of

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Patna High Court CR. APP (SJ) No.320 of 2023(4) dt.11-05-2023 3/4

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land dispute, the present accusation has been levelled against him. Earlier also, a case was lodged against the appellant’s side by the informant’s side and in the aforesaid case which had been numbered as Sessions Trial No. 106 of 1994, the grand-father and father of the appellant/Pratap Pandey were acquitted vide judgement dated 18.08.2004 and a show-cause was issued against the informant’s side for filing false case. There is no consistent material against the appellants to connect them in the crime. There is general and omnibus allegation against them. The appellants are in custody since 04.11.2022 and 01.09.2022 respectively.

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Learned counsel appearing on behalf of the informant and learned Special P.P for the State have vehemently opposed the prayer for bail of the appellants.

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Taking into account the aforesaid facts, this Court deems it appropriate to set aside the orders dated 21.12.2022 and 17.12.2022.

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Patna High Court CR. APP (SJ) No.320 of 2023(4) dt.11-05-2023 4/4

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Accordingly, this appeal is allowed.

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The appellants, above named, are directed to

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be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-I-cum-Special Judge, SC/ST Act, Kaimur at Bhabhua in connection with Chainpur P.S. Case No. 219 of 2022.

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(Sunil Kumar Panwar, J)

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Shageer/-

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U T

Jhunna Mishra v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Jhunna Mishra v. the State of Bihar

Case brief

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