Bajrangi Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28122 of 2021 Arising Out of PS. Case No.-462 Year-2020 Thana- SUGAULI District- East Champaran ====================================================== BAJRANGI MISHRA Son of Anand Mishra @ Anand Kumar Mishra @ Nandu Mishra Resident of Village- Sugaon, P.S.- Sugauli, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma, Advocate For the Opposite Party/s :

Mr.Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-12-2021 Heard the learned counsel appearing for the petitioner and Shri Arun Kumar Singh, learned A.P.P. appearing for the State.

The petitioner seeks regular bail in connection with Sugauli P.S. Case No. 462 of 2020 for the offence punishable under Sections 341, 323, 324, 325, 307, 379, 504, 506 and 34 of the Indian Penal Code.

The accused persons including the petitioner are alleged to have assaulted the informant and as far as the petitioner is concerned, he is stated to have assaulted the informant by farsa on his head. The informant is alleged to have suffered serious injuries on his face.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the

Patna High Court CR. MISC. No.28122 of 2021(2) dt.07-12-2021 2/3 present case and he is having a clean antecedent. It is further submitted that the petitioner is in custody since 06.12.2020. It is next submitted that though it has been alleged that the petitioner had assaulted the informant by farsa on his head, however, the petitioner has suffered grievous injuries on his face, hence it cannot be ruled out that the other accused persons might have assaulted him on his face.

Per contra, Shri Arun Kumar Singh, the learned APP appearing for the State and Shri Dhananjay Kumar, learned counsel for the informant have vehemently opposed the prayer for bail and have submitted that since injuries have been caused on the face of the informant and with great difficulty, he has been able to save his life after a prolonged treatment, the petitioner is not entitled for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein, though I deem it fit and proper to admit the petitioner to the privilege of regular bail but subject to certain conditions.

Accordingly, the petitioner, above named, is directed to

Patna High Court CR. MISC. No.28122 of 2021(2) dt.07-12-2021 3/3 be released on bail upon him furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Motihari, East Champaran in connection with Sugauli P.S. Case No. 462 of 2020.

It is further directed that the petitioner would mark his attendance before the Officer In-Charge of the concerned Police Station at 10:00 A.M. on every Monday of the week and in the event of his failure to do so on two consecutive occasion, the present privilege of bail shall stand cancelled automatically and the petitioner shall be taken into custody forthwith. (Mohit Kumar Shah, J) S.Sb/- U T