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2025 DAILYLAW 79452 (PAT)

Amit Mishra @ Amit Kumar Mishra v. The State of Bihar

CR. MISC./70968/2025 · 2025-10-08

Ajit Kumar

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.70968 of 2025 Arising Out of PS. Case No.-123 Year-2025 Thana- JALALPUR District- Saran ====================================================== Amit Mishra @ Amit Kumar Mishra Son of Late Prabhu Nath Mishra R/o Village - Kanhi, P.S.- Jalalpur, District – Saran. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anjani Parashar For the Opposite Party/s : Mr. Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 2 08-10-2025 Heard learned counsel for the parties. 2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 126(2), 115(2), 109, 303(2), 352, 351(2) and (3) and 3(5) of Bharatiya Nyaya Sanhita. 3. The prosecution case, in brief, is that the informant was allegedly ambushed near a school by the accused persons, including the petitioner, who were armed with a lathi, danda, rod, and katta. They allegedly assaulted the informant and snatched his gold chain. The petitioner is said to have caused injuries to the informant's ear and head. The motive is stated to be a monetary dispute relating to Rs. 4,50,000/- given by the informant's sister to the petitioner for the purchase of land, out of which Rs. 50,000/- remained unpaid. When the remaining amount was demanded, the accused persons allegedly abused the informant by caste, Patna High Court CR. MISC. No.70968 of 2025(2) dt.08-10-2025 2/3 threatened to kill him, and assaulted him. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to a land dispute. It is next submitted that the reason behind the incident is that the informant had tried to seek money from the petitioner in the name of Rs. 50,000/- in connection with certain purchases of land. The allegation against the petitioner is general and omnibus in nature, while the allegation of assaulting by means of the butt of a katta is contradicted by the injury report, as it appears that the injury was made by a sharp object. This is clear from the impugned order, wherein it has been categorically stated that the nature of the object is sharp and the injury is simple. Lastly, it is submitted that the petitioner has one criminal antecedent. 5. On the other hand, the learned APP for the State has opposed the prayer for bail of the petitioner. 6. Considering the fact that the injury is simple in nature, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, 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 Patna High Court CR. MISC. No.70968 of 2025(2) dt.08-10-2025 3/3 Magistrate 1st Class, Saran at Chapra/Successor Court in connection with Jalalpur P.S. Case No.123 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS as well as the following conditions: (i) One of the bailors should be the family member/relative of the petitioner(s) who shall provide official document to show his/her bona fide; (ii) the petitioner(s) shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her/their bail bond by the Trial Court itself; (iii) the petitioner(s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; (iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. shikha/- (Ajit Kumar, J) U T