Patna High Court
PRADEEP KUMAR MISHRA @ PRADEEP MISHRAversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PURNENDU SINGH
Holding
The Court held that pre‑arrest bail could not be granted as the allegations are serious and involve an attempt to commit rape.
Summary
Petitioner Pradeep Kumar Mishra applied for pre‑arrest bail in a case (Bahera PS Case No. 442/2025) alleging attempted sexual assault, assault, and theft under several sections of the Bihar Penal Code and Sections 8 and 12 of the Protection of Children From Sexual Offences Act. The petitioner claimed innocence, alleging the FIR was filed as retaliation in a village political and land‑dispute context, and asserted a clean antecedent. The informant’s counsel and the State opposed bail, emphasizing the seriousness of the alleged attempt to commit rape and the victim’s statement. The Court examined the gravity of the allegations, noting the seriousness of the offences and the risk to the victim, and concluded that pre‑arrest bail could not be granted. Consequently, the bail petition was rejected, with a direction that the petitioner may seek regular bail before the District Court.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail despite the serious nature of the allegations of attempted rape, assault and theft.
- Whether the political and land‑dispute background alleged by the petitioner warrants a more liberal approach to bail.
Legislation cited
Subjects
- pre‑arrest bail
- attempted rape
- assault
- theft
- Criminal Procedure Code
- Protection of Children From Sexual Offences Act
- bail jurisprudence
- political vendetta
- land dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13062 of 2026
Arising Out of PS. Case No.-442 Year-2025 Thana- BAHERA District- Darbhanga
======================================================
PRADEEP KUMAR MISHRA @ PRADEEP MISHRA S/o Lalan Mishra @
Sri Lalan Jee Mishra Resident of Village- Bikupatti, Police Station- Bahera,
District- Darbhanga
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXXX W/o YYYY R/o vill - Bikupatti, P.S.- Bahera, Distt.- Darbhanga
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nilendu Kumar Choudhary, Advocate
For the Opposite Party/s : Mr.Nirmal Kumar Sinha, APP
For the Informant : Mr.Rohit Ranjan, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 28-04-2026 Heard Mr. Nilendu Kumar Choudhary, learned
counsel appearing on behalf of the petitioner, Mr. Nirmal Kumar
Sinha, learned APP for the State and Mr. Rohit Ranjan, learned
counsel appearing on behalf of informant.
2. The petitioner seeks pre-arrest bail in connection
with Bahera P.S. Case No. 442/2025 registered for the
offence(s) punishable under Sections 126(2), 115(2), 118(1),
62, 76, 303(2), 351(2), 352, 3(5), 118(2) of the BNS and
Sections 8, 12 of the Protection of Children From Sexual
Offences Act.
3. As per the allegation made in the FIR, the
petitioner, acting with common intention, attempted sexual
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assault upon the informant’s daughter during the night and, on
the following morning, the petitioner and others allegedly
entered the house, assaulted the informant and her family
members, committed theft of cash and ornaments, and fled upon
arrival of the police.
4. Learned counsel appearing on behalf of the
petitioner submitted that petitioner is innocent and has falsely
been implicated in the present case due to village politics and
longstanding land dispute between the parties, who are close
agnates. The present case has been instituted only to
counterblast Bahera P.S. Case No. 428/2025 dated 04.11.2025,
which was lodged by the side of the petitioner regarding an
earlier occurrence dated 01.11.2025, wherein the informant’s
family members had allegedly assaulted the petitioner’s family
and taken away ornaments. In order to save themselves and to
pressurize the petitioner for compromise, the present FIR has
been lodged on 10.11.2025 with considerable and unexplained
delay for an alleged occurrence of the night of
31.10.2025/01.11.2025. The petitioner has clean antecedent. On
these grounds, the petitioner seeks to be released on pre-arrest
bail.
5. Per contra, Mr. Rohit Ranjan, learned counsel
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appearing on behalf of the informant, vehemently opposed the
prayer for pre-arrest bail and submitted that the petitioner had
attempted to commit rape and the victim has supported the
allegation in her statement recorded under Section 183 of the
BNSS, and as such, the petitioner does not deserve to be
released on pre-arrest bail.
6. Mr. Nirmal Kumar Sinha, learned APP for the State
vehemently opposed the prayer for grant of pre-arrest bail.
7. Having heard the rival submissions made on behalf
of the parties, as well as, having perused the allegation made in
the FIR, I am of the opinion that the allegations in the FIR are
serious in nature, involving attempt to commit rape and assault.
Considering the nature of allegation and gravity of the
accusation, I am not inclined to enlarge the petitioner on pre-
arrest bail.
8. Accordingly, the present bail petition stands
rejected.
9. The petitioner, if so advised, may seek regular
bail before the learned District Court. The learned District
Court is directed to pass a necessary order, in accordance
with law, on the basis of materials available on record, on
the same day the bail application is filed, without any
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further delay and without being prejudiced by any
observation made by this Court.
(Purnendu Singh, J)
Ashishsingh/-
U T
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