Gunjan Kumar Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82549 of 2025 Arising Out of PS. Case No.-455 Year-2025 Thana- MAHARAJGANJ District- Siwan ====================================================== Gunjan Kumar Mishra S/O Nand Kumar Mishra Resident of Village- Siktia, P.S- Maharajganj, District- Siwan.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukesh Kumar, Advocate For the Opposite Party/s :
Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 17-12-2025 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Maharajganj P.S. Case No. 455 of 2025 registered for the offences punishable under Sections 126(2), 115(2), 118(1), 109 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. On the fateful day, while the informant was engaged in construction of his house along with the family members. In the meanwhile, the petitioner along with others came there and the petitioner is alleged to have assaulted the son of the informant by means of a knife, below his chest, causing serious injury.
4. Learned Advocate for the petitioner submitted that the genesis of the occurrence is nothing but a land dispute
Patna High Court CR. MISC. No.82549 of 2025(2) dt.17-12-2025 2/3 leading to the institution of the case and counter case, bearing Maharajganj P.S. case no. 460 of 2025 against the informant and others. In the said occurrence, the petitioner has also sustained injuries, as has been stated in para.9 of the bail application. So far the injury, which is allegedly sustained to the informant's son, has been found to be simple in nature, as has been discussed in the impugned order. The petitioner bears fair antecedent and he undertakes that he will fully cooperate in the proceedings of the court.
5. On the other hand, learned APP for the State vehemently opposes the bail application and submits that the injured was fortunate that he survived any how, but the intention of the petitioner was to kill him.
6. Regard being had to the submissions made on behalf of the parties and considering the genesis of the occurrence, coupled with the case and counter case as well as simple nature of injury and the fair antecedent of the petitioner, let the petitioner, named above, in the event of his arrest or surrender before the court below within four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.82549 of 2025(2) dt.17-12-2025 3/3 satisfaction of learned Additional Chief Judicial Magistrate-II, Siwan in connection with Maharajganj P.S. Case No. 455 of 2025, subject to the condition as laid down under Section 482
(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close relative of the petitioner.
(Harish Kumar, J) uday/- U T