Rajnish Mishra @ Rajnish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79722 of 2025 Arising Out of PS. Case No.-71 Year-2025 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== Rajnish Mishra @ Rajnish Kumar S/o- Bhuneshwar Mishra @ Bhuvneshwar Mishra Resident of Village- Akopur Ward No- 04 Police Station- Cheriya Bariyrpur District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-12-2025 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State, Sri Chandra Bhushan Prasad. 2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 109(1), 352, 351(2), 74 and 3(5) of the Bharatiya Nyaya Sanhita.

3.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that on 18-8-2025 at 7:30 pm, 6 named accused persons including the petitioner along with 3-4 unknown accused came and petitioner assaulted her husband by butt of pistol causing injury on head, thereafter Pankaj assaulted her father-in-law by pistol causing injury on head, while Rahul acted inappropriately

Patna High Court CR. MISC. No.79722 of 2025(2) dt.08-12-2025 2/3 with her and unveiled her, further Gidru Mishra assaulted her sister-in-law, Yashodha, and tore her clothes, thereafter on orders of petitioner, Shrawan by iron rod assaulted her and touched her inappropriately.

4.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that from side of the petitioner, Cheriya Bariyarpur PS Cases No. 70 of 2025 has been instituted against the informant and her side as such the instant FIR is a counter-blast. It is further submitted that though the petitioner is alleged to have assaulted the husband of the informant by butt of the pistol, but then the FIR was not instituted under the Arms Act and even presuming what has been alleged is true without admitting then the injury suffered by the injured has been opined to be simple.

5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-

Patna High Court CR. MISC. No.79722 of 2025(2) dt.08-12-2025 3/3 (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Cheriya Bariyarpur P.S. Case No. 71 of 2025, subject to the conditions as laid down under Section 482 (2) of the BNSS. (Satyavrat Verma, J) Sumit/- U T