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Patna High Court

Saurabh Mishra @ Saurabh Mishr @ Saurabh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

  • Arms Act — s. 27
  • B.N.S. — s. 109, 115(2), 118(1), 126(2), 303(2), 351(2) r/w 3(5), 352
  • B.N.S.S. — s. 482(2)

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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