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Patna High Court

Ayush Mishra @ Ayush KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted anticipatory bail to the petitioners subject to conditions, holding that the circumstances warranted relief under Section 482(2) of the Bharatiya Nyaya Sanhita.

Summary

The petitioners, four members of the Mishra family, were named in an FIR for alleged offences under several sections of the Bharatiya Nyaya Sanhita arising from an incident during the Chhath festival, where a bomb (claimed to be a cracker) was allegedly thrown and injuries were inflicted. They argued that the FIR was filed a day after the incident without explanation, that the alleged bomb was merely a firecracker, that the injuries were simple and not on vital parts, and that they have no criminal antecedent. The State opposed anticipatory bail, contending that the accused are named in the FIR and should not receive such privilege. The Court considered the clean antecedent, the nature of the injuries, the delay in filing the FIR, and the material on record, and granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and a six‑week surrender condition, invoking Section 482(2) of the B.N.S.S. The order also allowed cancellation of bail if the accused fail to cooperate with the investigation.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail under Section 482(2) of the Bharatiya Nyaya Sanhita despite being named in the FIR.
  • Whether the delay in filing the FIR and the nature of the alleged injuries affect the grant of bail.
  • Whether the clean antecedent of the petitioners justifies the relief of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bharatiya Nyaya Sanhita
  • Section 482
  • FIR delay
  • clean antecedent
  • simple injuries
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10459 of 2026
                     Arising Out of PS. Case No.-478 Year-2025 Thana- PANCHRUKHI District- Siwan
                 ======================================================
           1.     Ayush Mishra @ Ayush Kumar S/o Mukesh Mishra R/o vill - Matuk
                  Chhapra, P.S.- Sarai, O.P, Distt.- Siwan
           2.    Surendra Mishra @ Surendra Mishr S/o Late Ramashish Mishra R/o vill -
                 Matuk Chhapra, P.S.- Sarai, O.P, Distt.- Siwan
           3.    Mukesh Mishra S/o Late Kanchan Mishra R/o vill - Matuk Chhapra, P.S.-
                 Sarai, O.P, Distt.- Siwan
           4.    Sonu Mishra @ Sonu Kumar Mishra S/o Surendra Mishra R/o vill - Matuk
                 Chhapra, P.S.- Sarai, O.P, Distt.- Siwan

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Rudal Singh
                 For the Opposite Party/s :      Mr.Raj Ballabh Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
                                       ORAL ORDER

2   27-02-2026                  Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. The petitioners are apprehending their arrest in

                   connection with G.R. No. 7272 of 2025 arising out of Pachrukhi

                   P.S. Case No. 478 of 2025 registered for the offences punishable

                   under Sections 126(2), 115(2), 117(2), 303(2), 109, 351(2), 352

                   and 3(5) of the Bharatiya Nyaya Sanhita.

                                3. As per prosecution case, during preparation of

                   Chhath festival, due to previous enmity, petitioner no. 1 Ayush

                   Mishra threw a bomb, as a result of which smoke spread and the
Patna High Court CR. MISC. No.10459 of 2026(2) dt.27-02-2026
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          informant fell down on account of fear. It is further alleged that

          petitioner no. 2 Surendra Mishra pressed the neck of the

          informant with intention to kill him. It is further alleged that

          petitioner no. 3 Mukesh Mishra assaulted Santosh Shukla on his

          head by means of rod with intention to kill and petitioner no. 4

          Sonu Mishra assaulted Ashok Shukla by means of Daki.

                       4. Learned counsel for the petitioners submits that

          petitioners are innocent and have committed no offence as

          alleged in the F.I.R. and they have falsely been implicated in

          this case due to previous dispute and village politics. Learned

          counsel for the petitioners submits that occurrence took place on

          27.10.2025 and the F.I.R. lodged on 28.10.2025 and there is a

          delay of one day without any explanation which questions the

          authenticity of F.I.R. He further submits that though there is

          allegation of throwing bomb by petitioner No.1, but as a matter

          of fact only crackers are used on the festive occasion of Chhath

          and the allegation of throwing bomb is merely an exaggeration

          of fact, which has no basis. It is further submitted that there is

          specific allegation against petitioner nos. 1, 2, 3 and 4 for

          inflicting injury upon the informant as well as victim namely,

          Santosh Shukla and Ashok Shukla and their injuries are simple

          in nature caused by hard and blunt substance. He further
Patna High Court CR. MISC. No.10459 of 2026(2) dt.27-02-2026
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          submits that there is no allegation of repetition of blow against

          any of the petitioners on the vital part of body.      He further

          submits that there is case and counter case between both the

          parties. Apart from that, petitioners bear no criminal antecedent.

          In the light of the aforesaid facts and circumstances of the case,

          no offence, as alleged in the F.I.R., is made out against the

          petitioners. Learned counsel orally submits that the petitioners

          will not abscond and shall fully cooperate in the investigation to

          prove their innocence.

                       5. The learned A.P.P. for the State has vehemently

          opposed the prayer for anticipatory bail of the petitioners and

          submits that the petitioners are F.I.R. named accused persons,

          hence, they do not deserve the privilege of anticipatory bail.

                       6. Considering the facts and circumstances of the

          case, keeping in view the clean antecedent of the petitioners,

          injuries are simple in nature, argument advanced on behalf of

          both sides and also taking into consideration the material

          available on record, the petitioners above-named, in the event of

          their arrest or surrender before the learned trial court within a

          period of six weeks from today, be released on anticipatory bail

          on furnishing bail bond of Rs. 10,000/- (rupees ten thousand)

          each with two sureties of the like amount each to the satisfaction
            Patna High Court CR. MISC. No.10459 of 2026(2) dt.27-02-2026
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                      of learned concerned court at Siwan in connection with

                      Pachrukhi (Sarai) P.S. Case No. 478 of 2025, subject to the

                      conditions as laid down under Section 482(2) of B.N.S.S.

                                   7. The application stands allowed.

                                   8. However, it is made clear that if the Investigating

                      Officer of the case files an application before the learned trial

                      court bringing to its notice that petitioners despite giving

                      assurance to this Court are not co-operating in the investigation,

                      in that event, the learned trial court shall be at liberty to cancel

                      the bail bonds of the petitioners.

                                   9. It is clarified that any observation made by this

                      Court while considering the bail application of the petitioners

                      shall have no bearing over the merits of the case.



                                              (Alok Kumar Pandey, J)
Nilmani/-

U      T


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