Patna High Court
Jai Krishna Mishra @ JhapoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted regular bail to the petitioner subject to a bail bond, sureties and conditions.
Summary
The petitioner, Jai Krishna Mishra, was charged under several sections of the BNS and the Arms Act for allegedly opening fire on police during an encounter in Samsha village, after which he fled the scene. The prosecution alleged that a co-accused was injured and arms were recovered, while the petitioner was not arrested at the spot and has been in custody since September 27, 2025. The petitioner argued that he was not directly implicated in the firing and that no police officer was injured, seeking regular bail. The State opposed the bail application. The court, after considering the facts, directed that bail be granted on a bond of Rs.10,000 with two sureties, subject to conditions including cooperation with the trial and verification of any other criminal antecedents.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the offences under the BNS and Arms Act.
Legislation cited
Subjects
- regular bail
- Arms Act
- BNS
- police encounter
- bail bond
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10743 of 2026
Arising Out of PS. Case No.-102 Year-2025 Thana- NOWKOTHI GARHPURA District-
Begusarai
======================================================
Jai Krishna Mishra @ Jhapo S/O Lalit Narayan Mishra R/O Village- Jitpur,
P.S- Bakhari, Distt.- Begusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pritish Kumar Lal
For the Opposite Party/s : Mr.Zainul Abedin
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
2 16-02-2026 Heard the learned counsel for the petitioner as well as
the learned Additional Public Prosecutor for the State.
2. The petitioners are seeking regular bail in connection
with Nawkothi P.S. Case No. 102 of 2025, registered for the
offences punishable under Sections 132, 109(1), 310(4), 310(5),
317(5), 61(2) of the BNS and Sections 25(1-B) (a) 26, 35 and 27
of the Arms Act.
3. As per the prosecution case, the informant, namely
Dinesh Kumar, Sub-Inspector, Naavkothi, along with a police
team, on receiving confidential information, went to village
Samsha, where several accused persons allegedly opened fire upon
the police party, in response to which the police also resorted to
firing. It is alleged that one of the accused persons, namely
Ranveer Mahto, sustained injuries and was apprehended, from
whose possession arms and ammunition were recovered, while the
Patna High Court CR. MISC. No.10743 of 2026(2) dt.16-02-2026
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remaining accused persons, including the present petitioner,
allegedly fled from the place of occurrence.
4. The learned counsel for the petitioner has submitted
that the petitioner was not arrested at the spot. Only one co-
accused was arrested at the spot and though he confessed his guilt
but he did not allege the complicity of the petitioner with specific
allegation. He has further submitted that, although there is
allegation of exchange of firing but not a single police personnel
suffered any injury. One of the co-accused sustained a gunshot
injury inflicted by the police. The petitioner has been in custody
since 27.09.2025.
5. On the other hand, the learned APP for the State has
opposed the prayer for bail.
6. Considering the above-mentioned facts and
circumstances, let the petitioner above-named, is directed to
furnish bail bond and on doing so, the court below shall release the
petitioner on bail on furnishing bail bonds of Rs.10,000/- with
two sureties of the like amount each to the satisfaction of learned
Judicial Magistrate-Ist Class, Begusarai in connection with
Nawkothi P.S. Case No. 102 of 2025, subject to the following
conditions that the petitioner shall cooperate in the disposal of
trial and make himself available as and when required by the
court.
Patna High Court CR. MISC. No.10743 of 2026(2) dt.16-02-2026
3/3
7. Before accepting the bail bond, the criminal
antecedent of the petitioner shall be verified and if, it is found
that he is involved in any other case except the case(s),
mentioned in paragraph no. 3 of the bail petition, his bail bond
shall not be accepted.
(Nawneet Kumar Pandey, J)
Nirmal/-
U T
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