Sonu Musahar @ Manish Musahar v. The State of Bihar
CR. MISC./83719/2025 · 2025-12-23
Harish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 93153 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 93153 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.83719 of 2025 Arising Out of PS. Case No.-372 Year-2024 Thana- RAJPUR District- Buxar ====================================================== Sonu Musahar @ Manish Musahar S/o- Mutalu Mushar @ Mutul Mushar @ Bhatul Mushar R/v- Kathaja Ps- Rajpur Dist- Buxar ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Arun Kumar Gupta, Adv. For the Opposite Party/s : Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 23-12-2025 Heard learned Advocate for the petitioner and learned APP for the State. 2. The petitioner apprehends his arrest in connection with Rajpur P.S. Case No.372 of 2024 registered for the offences punishable under Sections 126(2), 127(2), 115(2), 118(1), 109, 352 and 3(5) of the BNS. 3. On the fateful day, while the husband of the informant was returning home, in the meanwhile, all the FIR named accused persons, including the petitioner surrounded him and brutally assaulted. It is specifically alleged that co-accused Muraho Mushar inflicted rama blow over his head and when he fell down, thereupon the petitioner along with other brutally assaulted him by means of lathi and danda due to which he sustained serious injury. Patna High Court CR. MISC. No.83719 of 2025(2) dt.23-12-2025 2/3
4. Learned Advocate for the petitioner contended that besides the specific accusation against co-accused Muraho Mushar, there is omnibus allegation against the petitioner with another accused person. The alleged occurrence took place on 18.11.2024 and the present FIR came to be instituted on 11.12.2024, after a delay of 23 days. It is the contention of the petitioner that even if, for the sake of argument, it is accepted that the husband of the informant was under treatment, it was incumbent upon the hospital to call the police personnel, who was under statutory duty to record fardbeyan, but nothing has been done. However, this fact cannot be ignored that the informant’s husband has sustained two grievous injuries over his body. 5. On the other hand, learned Advocate for the State submitted that there is specific accusation against the petitioner of causing repeated assault by means of lathi due to which the informant’s husband sustained grievous injuries. 6.
Having considered the submissions set forth by the learned Advocate for the respective parties and taking note of the unexplained delay in lodging of the FIR, coupled with the fair antecedent of the petitioner as also the nature of accusation, let the above named petitioner, be released on bail, in the event
Patna High Court CR. MISC. No.83719 of 2025(2) dt.23-12-2025 3/3 of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Rajpur P.S. Case No.372 of 2024, subject to the condition as laid down under Section 482(2) of the BNSS, with further condition that one of the bailors shall be the own/close family members of the petitioner. rohit/- (Harish Kumar, J) U T