Mukesh Bhagat @ Mukesh Kushwaha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57274 of 2025 Arising Out of PS. Case No.-895 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== Mukesh Bhagat @ Mukesh Kushwaha S/o Late Ramchandra Bhagat @ Ramchandra Prasad R/o Village- Majurahan, P.S.- Turkauliya (Raghunathpur), District- East Champaran ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Adv.
For the Opposite Party/s :
Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 03-11-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in connection with Turkauliya (Raghunathpur) P.S. Case No. 895 of 2023, registered for the offences under Sections 341, 323, 325, 307, 504, 354, 379, 34 of the Indian Penal Code.
3. As per the prosecution case, in the background of cutting the fallen tree of the informant, the petitioner and other co-accused persons assaulted the informant and his family members with Khanti and Tangi weapons. The informant and his family members sustained various injuries in this assault.
4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has been
Patna High Court CR. MISC. No.57274 of 2025(3) dt.03-11-2025 2/3 falsely implicated in this case. The parties are neighbors and there is land dispute between them. The allegation against the petitioner is that he gave a khanti blow to the informant and his father but the injuries of victims have been found to be simple in nature. From FIR, it is also apparent that there was no intention to cause death of any person. The injury of the father of the informant is stated to be grievous but the same is a non-vital part of the body. The petitioner has no criminal antecedent and is in custody since 02.06.2025. The charge-sheet has been submitted.
5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner.
6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the non-serious nature of injury, clean antecedent, period of custody and submission of charge-sheet, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate1st Class, East Champaran in connection with Turkauliya (Raghunathpur) P.S. Case No. 895 of 2023, subject to the condition laid down under Section 480(3) of the BNSS and
Patna High Court CR. MISC. No.57274 of 2025(3) dt.03-11-2025 3/3 other following conditions:
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) Siddharth Soni/- U T