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2025 DAILYLAW 43641 (PAT)

Suraj Mishra v. The State Of Bihar

CR. MISC./31700/2025 · 2025-05-19

Sourendra Pandey

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.31700 of 2025 Arising Out of PS. Case No.-68 Year-2024 Thana- SIRISIYA District- West Champaran ====================================================== Suraj Mishra S/O Raju Mishra Village- Garabhuwa Babu Tola, Police station- Sirisiya, District- West Champaran ... ... Petitioner/s Versus The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Brij Kishor Mishra, Advocate For the Opposite Party/s : Mr.Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 2 19-05-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. The petitioner seeks regular bail in connection with Sirisiya P.S. Case No. 68/2024 registered for the offences under Sections 126(2), 115(2), 118(1), 109(1), 303(2), 352 and 3(5) of B.N.S. 3. As per the prosecution case, the informant in his fardbeyan has stated that on 15.08.2024 the named accused person- Raju Mishra, Suraj Mishra (petitioner), Karan Mishra, Khusi Kumari and Rani Mishra assaulted him. It has been stated that one co-accused Raju Mishra gave a farsa blow on the head of the informant causing injury on his head, nose and forehead. The informant has further Patna High Court CR. MISC. No.31700 of 2025(2) dt.19-05-2025 2/4 stated that the petitioner and one Karan Mishra assaulted the informant with knife causing injury on his abdomen and thigh. 4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Learned counsel further submits that there is specific allegation of assault on one Raju Mishra who assaulted the informant with farsa causing injury on his head. As per the injury report of the informant(Abhishek Mishra) contained in Annexure ‘P/2’ wherein the third injury has been stated to be multiple abrasion of size 2×1 cm over abdomen and hence, the allegations as levelled against the petitioner does not find support from the injury report. It is lastly submitted that the petitioner has one criminal antecedent and is in custody since 12.02.2025. 5. Learned counsel for the State has opposed the prayer for bail of the petitioner and submits that there is allegation on the petitioner to have assaulted the informant by knife. 6. Considering the aforesaid facts and circumstances of the case and taking into account that the Patna High Court CR. MISC. No.31700 of 2025(2) dt.19-05-2025 3/4 allegation against the petitioner does not find corroboration with the injury report of the informant, let the petitioner above-named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Bettiah, West Champaran in connection with Sirisiya P.S. Case No. 68/2024 subject to the conditions :- a. One of the bailors of the petitioner shall be his close relative. b. The petitioner shall remain physically present in Court on each date of the trial. c. In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to the cancelled by the Court concerned. d. The Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of Patna High Court CR. MISC. No.31700 of 2025(2) dt.19-05-2025 4/4 bail bond of the petitioner. However, the acceptance of bail bonds in terms of the afore-mentioned order shall not be delayed for purpose of or in the name of verification. tusharika/- (Sourendra Pandey, J) U T