Patna High Court

BAMBAM MISHRAversusTHE STATE OF BIHAR

Decided: 24 February 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail is denied where the seriousness of the charges and the petitioner’s criminal antecedents justify continued custody.

Summary

Petitioner Bambam Mishra was charged under several provisions of the Bharatiya Nyaya Sanhita for demanding Rs. 2 lakh as extortion and firing at an informant. He claimed innocence, alleging political victimisation, and sought anticipatory bail. The State opposed, highlighting five prior similar criminal convictions. The Court examined the seriousness of the offences and the petitioner’s antecedents. Concluding that the nature of the accusations and his criminal record warranted detention, the Court refused anticipatory bail.

Issues considered

Whether the petitioner is entitled to anticipatory bail under the Bharatiya Nyaya Sanhita in view of the nature of the offences and his prior criminal antecedents

Legislation cited

Bharatiya Nyaya Sanhita — s. 115(2), 126(2), 191(2), 308(4), 308(5), 351(2), 352

Subjects

anticipatory bail
extortion
criminal antecedents
Bharatiya Nyaya Sanhita
bail refusal
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12364 of 2026
                        Arising Out of PS. Case No.-7 Year-2026 Thana- LAXMIPUR District- Jamui
                 ======================================================
                 Bambam Mishra S/O Parmanand Mishra Village- Karnpur, P.S.- Laxmipur,
                 District- Jamui
                                                                      ... ... Petitioner/s
                                             Versus
                 The State Of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Krishna Pd. Singh, Sr. Advocate
                                                  Mr. Satya Prakash Parasar, Advocate
                 For the Opposite Party/s :       Mr. Jharkhandi Upadhyay, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   24-02-2026                   Heard learned counsel for the petitioner and the State.

                                 2. Petitioner apprehends arrest in Laxmipur P. S. Case

                   No. 07 of 2026 registered for the offences punishable under

                   Sections 115(2), 126(2), 191(2), 308(4), 308(5), 351(2), 352 of

                   the Bharatiya Nyaya Sanhita.

                                 3. As per F.I.R., this petitioner demanded Rs. 2 lacs as

                   extortion money from the informant and fired upon him for the

                   same.

                                 4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has falsely been implicated in this

                   case due to village politics.

                                 5. Learned A.P.P. for the State vehemently opposed

                   the bail application and submitted that petitioner has got five

                   criminal antecedents of similar nature.
              Patna High Court CR. MISC. No.12364 of 2026(2) dt.24-02-2026
                                                          2/2




                                     6. Considering the nature of accusation and criminal

                        antecedents, prayer for anticipatory bail of the petitioner is

                        refused.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T

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