Sudarshan Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.577 of 2025 Arising Out of PS. Case No.-288 Year-2024 Thana- BAHERA District- Darbhanga ====================================================== Sudarshan Mishra S/o- Rambilash Mishra Resident of Village- Maniham, P.SBahera, District-Darbhanga, Bihar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amit Kumar Singh, Advocate For the Opposite Party/s :

Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Bahera P.S. Case No. 288 of 2024, instituted for the offences punishable under Sections 126(2), 115(2), 118(1), 352, 351(2), 109, 329(4), 303(2) and 191(2) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that, the petitioner along with other co-accused persons entered the house of the informant with deadly weapons, assaulted him and his family members due to which they sustained injury.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from

Patna High Court CR. MISC. No.577 of 2025(2) dt.20-01-2025 2/2 the conscious possession of the petitioner. Learned counsel for the petitioner also submits that there is delay of two days in lodging the FIR. The petitioner and informant having common ancestor belong to the same family. It is further submitted that the allegation levelled against the petitioner is of assaulting Tribhuvan Mishra with knife and the injury of the injured is reported to simple in nature. The petitioner is in custody since 26.08.2024 and has got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bahera P.S. Case No. 288 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T