Musafir Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28077 of 2025 Arising Out of PS. Case No.-32 Year-2025 Thana- KATEYA District- Gopalganj ====================================================== Musafir Sah Son of Hira Sah Resident of Village -Koeisakhurd PS- Kateya, Dist- Gopaganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Upadhyay, Adv.

For the Opposite Party/s :

Mr.Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-08-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Keteya P.S. Case No. 32 of 2025 instituted for the offences under Sections 126(2), 115(2), 109(1), 351(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023.

3. As per prosecution case, the petitioner along with co-accused persons assaulted the Informant by means of iron rod. Specific allegation has been made against the petitioner of assaulting the Informant upon his back and arm by means of iron rod.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged

Patna High Court CR. MISC. No.28077 of 2025(5) dt.05-08-2025 2/3 against him and has falsely been implicated in the present case due to local village politics. He further submits that there is delay of eighteen days in lodging the F.I.R. that too without there being any plausible explanation for the same which creates doubt in the veracity of the prosecution case. There is a case and counter case between the parties. The petitioner's family has also filed a counter case against the Informant bearing Kateya P.S. Case No. 36 of 2025. He further submits that in the name of medical report, in Para-33 of the case diary, there is only a discharge-summary of the hospital which creates doubt in the alleged occurrence. The Investigating Officer, after completion of investigation, has submitted charge-sheet against the petitioner. The petitioner has no criminal antecedent and is languishing in judicial custody since 23.01.2025 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. He further submits that charge-sheet has been submitted against the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner

Patna High Court CR. MISC. No.28077 of 2025(5) dt.05-08-2025 3/3 and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Keteya P.S. Case No. 32 of 2025, (Rudra Prakash Mishra, J) rishi/- U T