Randhir Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59048 of 2025 Arising Out of PS. Case No.-85 Year-2025 Thana- BELAGANJ District- Gaya ====================================================== Randhir Mishra, Male, aged about 19 years, son of Raja Ram Mishra @ Rajaram Mishra, R/O Village- Chulihara, Police Station- Belaganj, DistrictGaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aryan Singh, Advocate For the Opposite Party/s :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 27-08-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in connection with Belaganj PS Case No.85 of 2025 dated 06.02.2025, instituted for the offence punishable under Sections 191(2), 191(3), 190 and 103(1) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in brief, is that on the alleged date of occurrence when the informant and his family members were returning from the Shraddha Ceremony of his co-villagers, all the named accused persons including the petitioners, who were hidden in ambush, attacked them with lathi, danda and gun. The informant and his family members ran away but the accused persons, namely, Kamta Mishra, Sudhir Mishra,

Patna High Court CR. MISC. No.59048 of 2025(2) dt.27-08-2025 2/3 Mukesh Mishra, Rakesh Mishra and Randhir Mishra caught informant's uncle, Mahesh Mishra, and told to kill him upon which Jai Ram Mishra, Chanchal Mishra, Raja Ram Mishra and Rahul Mishra together fired on his uncle from their pistols and he fell down on the ground and later on died.

4. Learned counsel for the petitioner submits that there is specific allegation against Jai Ram Mishra, Chanchal Mishra, Raja Ram Mishra and Rahul Mishra that they fired on the chest of the uncle of the informant due to which he fell down and died later on but it has not been supported by the postmortem report. The doctor in the postmortem report has opined that the injuries were caused by pointed sharp long metallic weapon. There is no whisper of any firearm injury on the person of the deceased. Further, in the FIR, there is no allegation of assault against any person. Further submission is that co-accused, Kamta Mishra, Jai Ram Mishra and Sudhir Mishra have been granted bail by this Court vide order dated 12.08.2025 passed in Cr. Misc. No.52419 of 2025. Lastly, it is submitted that the petitioner is in custody since 06.02.2025 having clean antecedent.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of

Patna High Court CR. MISC. No.59048 of 2025(2) dt.27-08-2025 3/3 the case and submissions of learned counsel for the parties, let 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 Chief Judicial Magistrate, Gaya, in Belaganj PS Case No.85 of 2025.

7. The application stands allowed.

(Khatim Reza, J) J. Alam/- U T