IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.81017 of 2025 Arising Out of PS. Case No.-300 Year-2025 Thana- SUPAUL District- Supaul ====================================================== Dayanath Mishra @ Dayanath Mishr son of Late Satyadev Mishra Resident Of Village- karnpur, Ward no. 8, Ps and Dist- supaul At Present Bhutahi Pokhar, Nagar Parishad, Ward no. 26, Ps and Dist- Supaul ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pramod Mishra, Adv. For the Opposite Party/s : Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 09-12-2025 Heard the learned Advocate for the petitioner and the learned Additional Public Prosecutor for the State. 2. The petitioner apprehends his arrest in connection with Supaul P.S. Case No. 300 of 2025, registered for the offences punishable under Sections 126(2), 115(2), 118(1), 109, 303(2), 352, 351(2) r/w 3(5) of the BNS and Section 27 of the Arms Act. 3. Allegedly on the fateful day, the petitioner along with other named accused persons as well as 10-12 unknown persons variously armed came at the house of the informant and started abusing and later on assaulted the informant and his family members, besides the allegation of snatching of valuables. It is specifically alleged that on the exhortation made Patna High Court CR. MISC. No.81017 of 2025(2) dt.09-12-2025 2/3 by this petitioner, co-accused Saurabh Mishra has assaulted the informant by means of farsa and thereupon, one Sandeep Mishra resorted firing due to which the cousin of the informant also sustained bullet injury. There is allegation against the petitioner of snatching of gold chain worth Rs. 1,10,000/-. 4. Learned Advocate for the petitioner submitted that due to previous enmity, the name of the petitioner has been implicated in this case, on account of he being karta of the family. Besides, the petitioner is currently working as a Constable under Bihar Special Armed Police-12 and thus, an additional reason to implicate his name in order to wreck vengeance and get a disciplinary action started against him at the level of the department. Even if the allegation taken to be true for the sake of argument, admittedly no injury has attributed to the petitioner. So far the allegation of snatching of valuables is concerned, the same is concocted one. The petitioner bears fair antecedent and he submits that he will fully co-operate in the proceeding of the Court and would not indulge in tampering of the evidence or intimidating the witnesses. 5. On the other hand, learned Advocate for the State opposed the pre-arrest bail application and submits that the petitioner has actively participated in the crime and snatched the Patna High Court CR. MISC. No.81017 of 2025(2) dt.09-12-2025 3/3 valuables. 6. Regard being had to the submissions made on behalf of the parties and considering the nature of allegation, coupled with the fact that the petitioner is a Constable, having fair antecedent, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Supaul in connection with Supaul P.S. Case No. 300 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further conditions that (i) one of the bailors shall be the own/close family members of the petitioner (ii) if the petitioner is found indulge in intimidating the informant/witnesses or found indulge in identical nature of crime, the informant or the State shall be at liberty to file an application for cancellation of his bail. shivank/- (Harish Kumar, J) U T