Jaikrishna Mistri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55243 of 2025 Arising Out of PS. Case No.-111 Year-2025 Thana- SAUR BAZAR District- Saharsa ====================================================== Jaikrishna Mistri S/o Mahendra Mistri R/o Village- Sour Bazar, Ward No. 02, P.S.- Sour Bazar, Dist.- Saharsa ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Binod Kumar Sinha, Advocate For the Opposite Party/s :
Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 27-08-2025 Heard Mr. Binod Kumar Sinha, learned counsel appearing on behalf of the petitioner and Mr. Pradeep Narain Kumar, learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in connection with Sour Bazar P.S. Case No. 111 of 2025 registered under Sections 126(2), 115(2), 109, 303(2), 74, 308(2), 352, 351(2), 3(5) of the BNS.
3. As per the allegation made in the FIR, the petitioner, along with other co-accused, assaulted the son of the informant causing him head injury and also assaulted his family members.
4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and he has falsely been implicated in the present case. A general and
Patna High Court CR. MISC. No.55243 of 2025(2) dt.27-08-2025 2/3 omnibus allegation has been leveled against the petitioner. The injury sustained by the son of the informant is simple in nature. On these grounds, the petitioner seeks to be released on bail.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Considering the rival submissions made on behalf of the parties, as well as, the fact a general and omnibus allegation has been leveled against the petitioner and the injury sustained by the son of the informant is simple in nature, I am of the opinion that the petitioner has, prima facie, made out a case to be released on anticipatory bail.
7. The learned District Court is directed to release the petitioner on anticipatory bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of learned Additional Chief Judicial Magistrate II, Saharsa/successor Court in connection with Sour Bazar P.S. Case No. 111 of 2025 subject to the condition as laid down under Section 482 of BNSS.
8. The learned District Court is directed to verify the criminal antecedent of the petitioner, as stated in
Patna High Court CR. MISC. No.55243 of 2025(2) dt.27-08-2025 3/3 paragraph no. 3 of the bail application. If any other case is pending against the petitioner, as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Ashishsingh/- U T