Mukesh Mistry v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48480 of 2025 Arising Out of PS. Case No.-56 Year-2024 Thana- KONCH District- Gaya ====================================================== Mukesh Mistry S/o Suresh Mistry R/o Village- Singhra, P.S.- Konch, DistrictGaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ratneshwar Prasad, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 30-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Konch P.S. Case No. 56 of 2024 dated 05.02.2024, instituted for the offence punishable under Sections 341, 323, 307, 504, 506, 34 of the Indian Penal Code.
3. The prosecution case, in short, is that on 04.02.2024 at about 04:00 pm, the informant was in his house in The petitioner was abusing near the house of the informant in the drunken condition. When the informant opposed then petitioner and his wife started assaulting the informant and his family members with lathi, due to which wife of informant sustained injury on her hand and back. It is further alleged that petitioner and his wife also assaulted Robin Kumar & Nagendra
Patna High Court CR. MISC. No.48480 of 2025(2) dt.30-07-2025 2/3 Kumar (sons of informant) due to which Nagendra Kumar sustained head injury.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that the as per the injury report the injury received by Madhu Devi (wife of informant) and Robin Kumar (son of informant) are simple in nature whereas the injury received by Nagendra Kumar (another son of informant) is said to be grievous in nature caused by hard and blunt substance. It is next submitted that there is a case and counter case between the parties. Counter case bearing Konch P.S. Case No. 69 of 2024 has been lodged by the wife of the petitioner against informant's side for the offences punishable under Sections 341, 323, 325, 307, 354, 504, 506, 34 of the I.P.C. It is further stated that both the sides sustained injury in the alleged occurrence. Lastly, it has been submitted that the petitioner is in custody since 27.03.2025, he has no criminal antecedents and charge-sheet has been submitted in the case.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let
Patna High Court CR. MISC. No.48480 of 2025(2) dt.30-07-2025 3/3 the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Gaya in Konch P.S. Case No. 56 of 2024.
(Khatim Reza, J) Sankalp/- U T