Kishor Kumar @ Kishor Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46934 of 2025 Arising Out of PS. Case No.-7 Year-2024 Thana- RUPAULI District- Purnia ====================================================== Kishor Kumar @ Kishor Sah S/o- Sunil Prasad Sah @ Sunil Sah @ Sunil Sao Resident of Sripur, W.No-12, PS- Bhawanipur District-Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Praveen Kumar Agrawal, Advocate For the Opposite Party/s :
Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 05-12-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 126(2), 115(2), 109, 329(4), 351 (2)(3) and 3(5) of the B.N.S., 2023.
3. The allegation in the first information report is that the informant was assaulted by Kishor Kumar (petitioner) along with two unknown persons by means of sharp cutting weapon causing injuries on his head and fists.
4. Learned counsel for the petitioner submits at the outset that there is inordinate delay of about one month in lodging of the present first information report inasmuch as, while the incident is said to have taken place on 10.12.2023, the present F.I.R. came to be lodged on 12.01.2024 which is
Patna High Court CR. MISC. No.46934 of 2025(6) dt.05-12-2025 2/3 apparent from the narration of the fardbeyan itself. It is further submitted that no motive has been assigned for such assault and it has been submitted that the present case has been lodged against the petitioner after due thought and deliberation on account of some earlier dispute between the parties. It has been pointed out that the present F.I.R. was filed in an anticipation that some injury would be caused to him and his family at the hands of the petitioner. Further, the injury report has also been shown to contend that there is some discrepancy between the primary injury report and the final injury report, however one of the injuries is said to be grievous in nature. The petitioner remained in custody since 25.05.2025 and undertakes to cooperate in the trial..
5. Learned APP for the State opposed the grant of bail on the basis of allegations made in the first information report.
6. Taking into consideration the facts and circumstances and also considering the fact that there is an inordinate and unexplained delay in the lodging of the F.I.R. and the petitioner has remained in custody since 25.05.2025 with charge-sheet having been submitted, let the above named petitioner, be released on bail on furnishing bail bond of Rs.
Patna High Court CR. MISC. No.46934 of 2025(6) dt.05-12-2025 3/3 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Purnea/concerned Court below in connection with Rupauli P.S. Case No. 07 of 2024 subject to condition that:- (i) The petitioner is directed to appear in the learned court concerned on each and every date till the framing of charge and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.
(Soni Shrivastava, J) anand/- U T