Patna High Court
Saurabh Mishra @ Saurabh Mishr @ Saurabh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner, subject to bond and surety conditions, under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Saurabh Mishra, was implicated in a FIR (Supaul P.S. Case No. 300 of 2025) for offences including assault, causing grievous hurt and violations of the Arms Act. He alleged that the injury report showed only blunt injuries, contradicting the charge of a "Farsa" blow, and claimed the case stemmed from a land dispute with the informant. The State contended that the specific allegation against the petitioner was that he inflicted the blow on the informant and his son. The court examined the lack of sharp‑cut injuries, the background of an agnatic land dispute, and the petitioner's prior bail case. Considering these factors, the court ordered the petitioner to be released on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 482(2) of the B.N.S.S. and attendance requirements.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences alleged in the FIR
- Whether the injury report undermines the prosecution's allegation of a "Farsa" blow
- Whether the land dispute background warrants a more lenient bail disposition
Legislation cited
Subjects
- bail
- criminal procedure
- assault
- injury report
- land dispute
- Arms Act
- Section 482
- Section 27
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13175 of 2026
Arising Out of PS. Case No.-300 Year-2025 Thana- SUPAUL District- Supaul
======================================================
Saurabh Mishra @ Saurabh Mishr @ Saurabh Kumar S/o Shri Dayanath
Mishra @ Dayanath Mishr R/o village - Karnpur, Ward No. 8, P.S.- Supaul,
Dist.- Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramod Mishra, Advocate
For the State : Mr.Sanjay Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 11-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner is
apprehending his arrest in connection with Supaul P.S. Case No.
300 of 2025 registered for the offences under Sections 126(2),
115(2), 118(1), 109, 303(2), 352, 351(2) r/w 3(5) of B.N.S. and
Section 27 of the Arms Act.
3. As per prosecution case, the petitioner and
other co-accused persons assaulted the informant and his family
members. The allegation against the petitioner is that he gave
Farsa blow to the informant and his son causing serious injuries
to them. The allegation against co-accused Sandeep Mishra is
that he fired upon the cousin of the informant who received one
gun shot injury.
Patna High Court CR. MISC. No.13175 of 2026(2) dt.11-03-2026
2/3
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in this
case. The injury report falsifies the allegation against the
petitioner as no sharp cut injury has been found on the person of
injured persons. The injury reports of the informant and his son
show simple injuries caused by hard and blunt object. There is
no other allegation against the petitioner for opening fire which
is specific against co-accused Sandeep Mishra. Learned counsel
further submits that the parties are agnates and there is land
dispute between them. The mother of the petitioner has filed
Complaint Case No. 608(C) of 2025 for the occurrence of
13.06.2025 for which the present FIR has also been registered.
Learned counsel further submits that the petitioner has
antecedent of one case in which he is on bail.
5. Learned APP opposes the submission made on
behalf of the petitioner. Learned APP submits that the specific
allegation against the petitioner is that he gave Farsa blow on
the informant and his son.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
absence of injury attributed to the petitioner and further
considering the fact that the occurrence took place in the
Patna High Court CR. MISC. No.13175 of 2026(2) dt.11-03-2026
3/3
background of land dispute between the parties, let the
petitioner above named, in the event of his arrest or surrender
before the court concerned within a period of eight weeks from
today, be released on bail, on furnishing bail bonds of
Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of
the like amount each to the satisfaction of learned Chief Judicial
Magistrate, Supaul/concerned court in connection with Supaul
P.S. Case No. 300 of 2025, subject to the condition as laid down
under Section 482(2) of the B.N.S.S. and other following
conditions :
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present
on each and every date fixed by the
court below, if so required by the
learned trial court.
(Arun Kumar Jha, J)
DKS/-
U T
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