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Patna High CourtCR. MISC./80242/2024allowed

Sailesh Rishi @ Shalo Kumar Rishi v. The State Of Bihar

2025-02-27Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80242 of 2024 Arising Out of PS. Case No.-147 Year-2024 Thana- TIKAPATTI District- Purnia ====================================================== Sailesh Rishi @ Shalo Kumar Rishi, S/O Ramjatan Rishi, R/o Village - Harnaha, P.S- Tikkapatti, Distt.- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 27-02-2025 Heard Mr. Bijendra Kumar Singh, learned counsel for the petitioner and Mr. Sanjay Kumar Pandey, learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 126(2), 127(2), 115(2), 118, 109, 74, 352, 351(2) and 3(5) of the B.N.S.

3. The case of the prosecution is that the petitioner has assaulted with axe on the head of the husband of the informant.

4. Learned counsel for the petitioner submits that one week before a case has been filed by the petitioner against the husband of the informant as he was creating nuisance after intoxication. From perusal of the injury report it also transpires that husband of the informant has received one lacerated wound of size 21/2" over left parietal bone. The nature of injury is

Patna High Court CR. MISC. No.80242 of 2024(3) dt.27-02-2025 2/2 simple. Weapon used is heavy blunt object. In FIR it has been stated that the petitioner has assaulted with axe which is sharp cutting weapon but the injury report does not co-relate with the statement in the FIR. The petitioner is a man of clean antecedent and he is in custody since 28.08.2024.

5. Learned APP appearing for the State has opposed the prayer of regular bail of the petitioner.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Tikkapatti P.S. Case no. 147 of 2024 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Purnea.

7. Accordingly, the present bail application stands allowed.

(Ashok Kumar Pandey, J) durgesh/- U T