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Patna High CourtCR. MISC./59150/2025bail granted

Md Reza v. The State Of Bihar

2025-09-02Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59150 of 2025 Arising Out of PS. Case No.-67 Year-2025 Thana- BAJPATTI District- Sitamarhi ====================================================== Md Reza S/o Kamare Alam R/o Village- Bantaa, P.S.- Bajpatti, Dist.- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Murari, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Bajpatti P.S. Case No. 67 of 2025 instituted for the offences under Sections 126(2), 115(2), 118(1), 109, 352, 351(2) of the Bharatiya Nyaya Sanhita, 2023

3. Prosecution case, in short, is that, on 04.04.2025 at 3-4 PM, when the informant was selling vegetables in his shop, the petitioner came and started abusing the informant and also assaulted him. However, the matter was pacified by the local people. It is further alleged that, again after 1-2 hours the petitioner came in a drunken state and inflicted knife blow to the informant on his neck causing injuries to him.

Patna High Court CR. MISC. No.59150 of 2025(2) dt.02-09-2025 2/3

4. Learned counsel for the petitioner submitted that the petitioner is innocent and has falsely been implicated in the present case and the allegations levelled against him are false and baseless. Learned counsel further submitted that petitioner had no intention to commit murder of the informant. Learned counsel further submitted that the injuries sustained by the informant are simple in nature. It has been submitted on behalf of the petitioner that the petitioner is in custody since 27.04.2025 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, the nature of injury as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bajpatti P.S. Case No. 67 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

Patna High Court CR. MISC. No.59150 of 2025(2) dt.02-09-2025 3/3 (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(III) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Rudra Prakash Mishra, J) Alok Verma/- U T