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2026 DAILYLAW 21353 (PAT)

Bikki Mishra v. The State of Bihar

CR. APP (SJ)/1593/2026 · 2026-06-25

Prabhat Kumar Singh

Criminal Appealbody2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1593 of 2026 Arising Out of PS. Case No.-46 Year-2024 Thana- SC/ST District- Muzaffarpur ====================================================== Bikki Mishra S/o Ram Kumar Kumar Mishra @ Ram Kumar Mishra @ Ramkumar Mishr R/o Village - Chowmukh, P.S. - Bochahan, District - Muzaffarpur. ... ... Appellant/s Versus 1. The State of Bihar 2. Nanki Devi W/o Naresh Ram R/o Village - Bhutane, P.S. - Bochahan, District - Muzaffarpur(843103). ... ... Respondent/s ====================================================== Appearance : For the Appellant : Mr. Krishna Prabhat, Advocate For the State : Mr. Binay Krishna, Spl.PP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 25-06-2026 Heard learned counsel appearing for the appellant and learned Special Public Prosecutor appearing for the respondent- State. 2. This appeal has been filed for setting aside order dated 02.04.2026 passed by the learned Special Judge, SC/ST (POA) Act, Muzaffarpur in connection with A.B.P. No. 868 of 2026 arising out of Muzaffarpur S.C./S.T. P.S. Case No. 46 of 2024, registered for the offence punishable under Sections 420, 467, 468, 471 and 34 of the Indian Penal Code and Sections 3(1) (r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, whereby the prayer for grant of anticipatory bail of this appellant has been rejected. Patna High Court CR. APP (SJ) No.1593 of 2026(2) dt.25-06-2026 2/3 3. As per prosecution case, it is alleged that all the F.I.R. named accused persons, including this appellant, in a conspiracy, took Rs. 3,00,000/- from the informant/Respondent No. 2 as consideration money and this appellant, by impersonating himself as one Ajit Pandey, executed a forged and fabricated sale deed in name of Ajit Pandey. It is further alleged that when the informant demanded her money back, the accused persons abused her with caste based slurs. 4. It is submitted by learned counsel appearing on behalf of the appellant that appellant is quite innocent and has committed no offence. Appellant has falsely been implicated in this case with ulterior motive. It is further submitted that it is not the case of the prosecution that any member of public was present at the place of occurrence and as such, no case under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act is made out against this appellant. 5. On the other hand, learned Spl. P.P. appearing for the respondent-State has vehemently opposed the prayer for grant of bail to the appellant and submitted that appellant is named in the F.I.R. and there is specific accusation that he impersonated himself as Ajit Pandey and executed a forged and fabricated sale deed. Appellant is also alleged to have abused Patna High Court CR. APP (SJ) No.1593 of 2026(2) dt.25-06-2026 3/3 the informant with caste based slurs and has got one criminal antecedent. 6. Considering the facts and circumstances of the case, specific and direct nature of accusation and criminal antecedent of the appellant, appellant’s prayer for grant of pre- arrest bail is rejected and this appeal is, accordingly, dismissed. shashank/- (Prabhat Kumar Singh, J) U T