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Patna High Court

Harsh MishraversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that, given the filed charge‑sheet, the nature of the allegations, the petitioner’s age and custody period, regular bail could be granted.

Summary

The petitioner, Harsh Mishra, was accused of offences under Sections 126(2), 115(2), 308(5), 303(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita for allegedly threatening, assaulting and extorting an informant. He claimed the case was fabricated to dispossess him of his land and pointed to a two‑day delay in filing the FIR and the fact that a co‑accused had already been granted bail. The State opposed bail, arguing the seriousness of the allegations. The Court examined the charge‑sheet, the nature of the allegations, the petitioner’s young age (23) and the period of custody already served. Finding no risk of evidence tampering or absconding, the Court ordered regular bail on a bond of Rs. 10,000 with two sureties. The petitioner was released on bail pending trial.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the serious charges under the Bharatiya Nyaya Sanhita
  • Whether the delay in lodging the FIR and the alleged fabrication of the case justify denial of bail

Legislation cited

Subjects

  • regular bail
  • Bharatiya Nyaya Sanhita
  • criminal procedure
  • fabricated case
  • delay in FIR
  • age of accused
  • evidence tampering

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12684 of 2026
                       Arising Out of PS. Case No.-434 Year-2024 Thana- GOGRI District- Khagaria
                 ======================================================
                 Harsh Mishra Son of Dilip Mishra @ Dilip Kumar Mishra Resident of
                 Village- Shirnia, P.S.- Gogari, District- Khagaria

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pranav Kumar Jha, Advocate
                 For the Opposite Party/s :       Dr. Indiwar Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   26-02-2026                     Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks regular bail in a case registered

                   for the offence punishable under Sections 126(2), 115(2),

                   308(5), 303(2), 352 and 3(5) of Bharatiya Nyaya Sanhita.

                                3. It is alleged that this petitioner along with other co-

                   accused persons threatened the informant and pulled him in the

                   vehicle in which an unknown person was already sitting.

                   Thereafter, the accused persons snatched two mobile phones and

                   one gold ring of the informant. It is further alleged that the

                   accused persons took the informant at lonely place and asked

                   him to bring two lakh rupees from his father. The accused

                   persons assaulted the informant and also made his naked video.

                   Thereafter, informant talked to his uncle and told about the
Patna High Court CR. MISC. No.12684 of 2026(2) dt.26-02-2026
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          whole incident. After that, the uncle of the informant came with

          two lakh rupees which was taken by a masked man and after ten

          minutes, the accused persons discharged the informant.

                       4. Learned counsel for the petitioner submits that

          petitioner is innocent and has committed no offence. As a matter

          of fact, petitioner is a landlord of the locality and in order to

          grab his land, this false and fabricated case has been lodged

          against the petitioner and he has been made accused in seven

          other cases also. There is no injury found on the informant as

          alleged. There is two days delay in lodging the F.I.R. which

          itself create a doubt over the prosecution case. Petitioner has

          himself surrendered before the Court concerned on 11.11.2025.

          It is further submitted that similarly situated co-accused Rustam

          Yadav has been granted bail by the Court concerned and from

          perusal of the bail order, it appears that the informant has

          compromised the case with the said co-accused which also

          shows doubtfulness over the prosecution case. Petitioner is a

          young boy of 23 years. The charge-sheet has already been

          submitted       after    completion        of    investigation.   Petitioner

          undertakes to co-operate in the trial. There is no chance of

          tampering with the evidence or absconding of the petitioner.

                       5. Learned A.P.P. for the State opposes the bail
            Patna High Court CR. MISC. No.12684 of 2026(2) dt.26-02-2026
                                                        3/3




                      application of the petitioner.

                                   6. Considering the aforesaid facts and circumstances

                      of the case as well as the fact that charge-sheet has been

                      submitted, nature of the allegation, age of the petitioner and

                      period of custody undergone, let the above named petitioner be

                      released on bail on furnishing bail bond of Rs. 10,000/- (ten

                      thousand) with two sureties of the like amount each to the

                      satisfaction       of      learned       Chief       Judicial   Magistrate,

                      Khagaria/concerned Court in connection with Gogri P.S. Case

                      No. 434 of 2024.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T


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