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2026 DAILYLAW 321 (PAT)

Manish Mishra v. The State of Bihar

CR. MISC./16833/2026 · 2026-04-08

Satyavrat Verma

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16833 of 2026 Arising Out of PS. Case No.-566 Year-2025 Thana- BHORE District- Gopalganj ====================================================== Manish Mishra S/o- Krishna Kumar Mishra Village- Chhotki Chhatiaon, P.S- Bhorey, District- Gopalganj ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Patanjali Rishi For the Opposite Party/s : Mr.Zainul Abedin Mr.Adesh Raj ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 08-04-2026 1. Heard learned counsel for the petitioner, learned APP for the State and the learned counsel appearing on behalf of the informant. 2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 109 and 3(5) of the B.N.S. and Section 27 of the Arms Act. 3. The learned counsel for the petitioner submits that the petitioner has antecedent of five cases as would manifest from pleadings made in the supplementary affidavit. It is next submitted that the informant alleges that on 19.11.2025 at 9.30 A.M., he had gone to the school for teaching and while returning home at 4.00 P.M., his car was overtaken by two Patna High Court CR. MISC. No.16833 of 2026(2) dt.08-04-2026 2/4 unknown accused on a motorcycle who fired causing injury on his right hand and below his right eye. The accused were in the age of 18-25 years, thus alleges that the occurrence was committed at the behest of petitioner, Sunil, Krishna and Malay. It is next alleged that about 7-8 days back, petitioner had followed him but he did not give much attention as informant was objecting the misdeeds of the named accused persons. 4. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that from perusal of the allegations as alleged in the FIR, it would manifest that the informant specifically alleges that two unknown accused in the age of 18-25 years fired at him causing injury, but then, based on suspicion alleges that the occurrence was committed at the behest of petitioner and other named accused persons as recorded herein above. It is thus submitted that entire allegation hinges around suspicion. It is further submitted that petitioner has antecedent of five cases, but then, allegation as alleged in the FIR is also to be appreciated. It is further submitted that similarly situated co-accused Malay Kumar Mishra had approached this Court seeking anticipatory bail by filing Cr. Misc. No.14856 of 2026 and the same came to be allowed by an Patna High Court CR. MISC. No.16833 of 2026(2) dt.08-04-2026 3/4 order dated 01.04.2026 passed by a learned Coordinate Bench. 5. Learned A.P.P. as well as the learned counsel appearing on behalf of the informant opposes the anticipatory bail application. The learned counsel appearing on behalf of the informant submits that statement of a witness was recorded at Para-147 of the case diary wherein he has stated that petitioner along with others had threatened him not to depose in the case, on which the learned counsel appearing on behalf of the petitioner submits that the witness whose statement was recorded at Para-147 of the case diary is none but the brother of the informant. The learned counsel appearing on behalf of the informant at this stage submits that if privilege of anticipatory bail is granted, the petitioner may abscond or try to tamper with evidence, since he has criminal antecedents, on which the learned counsel appearing on behalf of the petitioner submits that petitioner will not abscond rather will cooperate in the investigation to prove his innocence. 6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 25,000/- (Rupees Patna High Court CR. MISC. No.16833 of 2026(2) dt.08-04-2026 4/4 Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending/successor Court in connection with Bhore P. S. Case No.566 of 2025, subject to the conditions laid down under Section 482(2) of the B.N.S.S., with a further condition that one of the bailors of the petitioner shall be his cousin brother namely, Sidhant Kumar Mishra. 7. The application stands allowed. 8. It is made clear that in the event, if charge-sheet is submitted connecting the petitioner with the offence, in that event, the present anticipatory bail order shall lose its effect. vikash/- (Satyavrat Verma, J) U T