Basudeo Mishra @ Vasudeo Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86547 of 2023 Arising Out of PS. Case No.-878 Year-2022 Thana- BRAHMPUR District- Buxar ====================================================== Basudeo Mishra @ Vasudeo Mishra Late Baban Mishra Village Dhewani P.S Brahmpur District Buxar ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Ravi Shankar Pathak For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 325, 307, 337, 379, 504 of the Indian Penal Code. Prosecution case in nutshell is that while the informant was sitting at his door, petitioner along with other co-accused persons, armed with rod, farsa and iron axe, came there and started assaulting. Allegation against the petitioner is that he assaulted the informant by means of iron rod due to which he sustained head

Patna High Court CR. MISC. No.86547 of 2023(2) dt.12-01-2024 2/3 injury. It is further alleged that co-accused persons assaulted the informant by several means and coaccused Ajay Mishra took his gold chain. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. There is case and counter case between the parties and both sides sustained injuries as alleged in separate occurrence. There is no repetition of blow. It is further submitted that as per allegation the petitioner has assaulted the informant by iron rod but in injury report, doctor has opined that injury is caused by sharp cut weapon. Moreover, the petitioner is languishing in judicial custody since 31.10.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and

Patna High Court CR. MISC. No.86547 of 2023(2) dt.12-01-2024 3/3 circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Brahmpur P.S. Case No. 878 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Buxar. (Sunil Kumar Panwar, J) Nirajkrs/- U T