Patna High Court
Sunil MishraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court granted anticipatory bail to the petitioners subject to specified conditions under Section 438(2) of the Cr.P.C.
Summary
Sunil Mishra and Sushil Mishra, brothers, sought anticipatory bail fearing arrest in a land dispute case (Bagengola PS Case No. 111 of 2025) where an FIR was lodged under several sections of the Bihar Negotiable Sale Act, 2023. The FIR alleged that the informant's husband sold land to another person with the petitioners' support, though the matter was essentially a family dispute. The petitioners argued they had no criminal antecedent and were being implicated merely due to family ties. The State opposed the bail, contending the petitioners aided the alleged illegal transaction. The High Court, noting the lack of prior criminal record and the primary role of the husband in the FIR, granted anticipatory bail under Section 438 of the Cr.P.C. with conditions including a cash bond, sureties, appearance before the trial court, and non‑interference with witnesses or evidence.
Issues considered
- Whether anticipatory bail under Section 438 Cr.P.C. should be granted to the petitioners in the land dispute FIR.
- Whether the petitioners pose a risk of tampering with evidence or influencing witnesses.
- Whether the petitioners' lack of criminal antecedent warrants bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438
Subjects
- anticipatory bail
- Section 438
- land dispute
- family dispute
- bail conditions
- Bihar law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12920 of 2026
Arising Out of PS. Case No.-111 Year-2025 Thana- BAGENGOLA District- Buxar
======================================================
1. Sunil Mishra Son of Late Haridwar Mishra Resident of Village -Kaithi PS
-Bagengola Distt -Buxar
2. Sushil Mishra @ Sushil Kumar Mishra Son of Late Haridwar Mishra
Resident of Village -Kaithi PS -Bagengola Distt -Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar Singh, Adv.
For the Opposite Party/s : Mr. Ram Sevak Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 26-02-2026 Heard learned Counsel for the petitioners and
learned APP for the State.
2. The petitioners apprehend their arrest in connection
with Bagengola P.S. Case No. 111 of 2025 for the offence
registered under sections 318(4), 338, 336(3), 61(2), 303(2),
351(2), 3(5) of BNS, 2023.
3. As per the prosecution story, the informant alleged
that two plots were purchased by her from her own sons and
after the mutation, was having peaceful physical possession.
However, claiming himself to be the guardian, the husband of
the informant sold the land to another person in which this
petitioner also gave support. Accordingly, the FIR.
Patna High Court CR. MISC. No.12920 of 2026(2) dt.26-02-2026
2/3
4. Learned Counsel for the petitioners submit that
both the petitioners who are brothers of Suresh Mishra have
been implicated. He further submits that it is entirely a family
matter between the husband and wife, they being brothers, have
no role to play, further, have no criminal antecedent and only
because they belong to the same family, now FIR is against
them.
5. Learned APP for the State, on the other hand,
opposes the prayer for anticipatory bail submitting that the lady
has named these petitioners who supported the alleged
transaction made by her husband.
6. Considering the submissions of the parties, main
role has been assigned to the husband, Suresh Mishra, only at
the fag end of the FIR, the name of the two petitioners have
come up, both have no criminal antecedent, in that background,
this Court is inclined to grant them the anticipatory bail with
conditions.
7. Let the petitioners in the event of arrest or
surrender within a period of four weeks from the date of receipt
of the order, shall be released on anticipatory bail on furnishing
bail of Rs. 10,000/- (ten thousand) each with two sureties of the
like amount each to the satisfaction of the learned District and
Patna High Court CR. MISC. No.12920 of 2026(2) dt.26-02-2026
3/3
Additional Sessions Judge-V, Buxar in connection with
Bagengola P.S. Case No. 111 of 2025 subject to condition as
laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family
members/relatives of the petitioners, who shall provide official
document (Aadhar Card, PAN Card, Driving License, Voter ID)
to show his bona fide;
(ii) the petitioners shall appear on each and every date
before the Trial court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his bail
bond by the Trial court itself;
(iii) the petitioners shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioners shall desist from committing any
criminal offence again failing which the State shall be at liberty
to take steps for cancellation of the bail bonds.
(Rajiv Roy, J)
Vijay Singh/-
U T
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