Patna High Court
Ayush Mishra @ Ayush KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
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
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 117(2), 126(2), 303(2), 3(5), 351(2), 352, 482(2)
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
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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
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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
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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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