Rakesh Kumar Mishra @ Rakesh MishraversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88800 of 2025
                    Arising Out of PS. Case No.-240 Year-2025 Thana- MOTIHARI TOWN District- East
                                                       Champaran
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           1.     Rakesh Kumar Mishra @ Rakesh Mishra S/o Late Asheshwa Mishra R/o
                  Village - Sri Krishna Nagar, Near - Sapahi Devi, P.S - Town Motihari,
                  District - East Champaran.
           2.    Ashish Kumar Mishra @ Ashish Mishra S/o Rakesh Kumar Mishra @
                 Rakesh Mishra R/o Village - Sri Krishna Nagar, Near - Sapahi Devi, P.S -
                 Town Motihari, District - East Champaran.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar.

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :      Mr. Suraj Kumar Tiwari, Advocate.
                 For the Opposite Party/s :      Mr. Kumar Veerendra Narayan, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   09-01-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in connection

                   with Motihari Town P.S. Case No.240 of 2025 instituted under

                   Sections 126(2), 115(2), 118(1), 351(3), 3(5) of the B.N.S.,

                   2023.

                                3. As per the prosecution case, the informant who is a

                   student of 9th standard has alleged that on account of some

                   dispute between him and petitioner no.2, the principal of school

                   of had called parents of both of them but they did not went. It is

                   alleged that on the next date petitioner no.1 had threatened the
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          father of the informant that he will abduct the informant. It is

          further alleged that on 23.03.2025 when the informant returned

          from his school, the petitioners alongwith other accused persons

          have attacked on the informant with knife over his head on the

          order of petitioner no.1 due to which he sustained injuries.

                       4. Learned counsel for the petitioners submits that

          petitioners are innocent and have been falsely implicated in this

          case. He further submits that the petitioner no.1 is said to be the

          order giver whereas the allegation against the petitioner no.2 is

          that he assaulted the informant with knife but the injury report

          suggests the nature of injury as simple in nature. Learned

          counsel submits that petitioners were not present at the place of

          place on the alleged date of occurrence but due to previous

          dispute their names have been implicated in this case. He further

          submits that petitioner no.2 is a young student of 18 years,

          having got clean antecedent and petitioner no.1 has one criminal

          antecedent, in which he is on bail and they undertake to

          cooperate in the investigation and trial of the case.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail.

                       6. Considering the facts and circumstances of the case

          and submissions of learned counsel for the parties, in the event
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                        of arrest or surrender before the Court below within six weeks

                        from today, the petitioners be released on bail upon furnishing

                        bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two

                        sureties of the like amount to each to the satisfaction of the

                        learned Chief Judicial Magistrate, East Champaran, Motihari/

                        concerned Court in connection with Motihari Town P.S. Case

                        No.240 of 2025, subject to the conditions laid down in Section

                        482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T