Patna High Court
Durgakant MishraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court held that, considering the petitioner’s prolonged pre‑trial detention, absence of prior convictions and the compromise between the parties, regular bail should be granted.
Summary
The petitioner, Durgakant Mishra, was arrested in connection with a case alleging assault causing grievous injuries under several sections of the Bharatiya Nyaya Sanhita, 2023. He claimed false implication, a settled dispute with the informant, and no prior criminal record, having been in custody since 24 July 2025. The State opposed his bail application. The court considered the seriousness of the charges, the length of pre‑trial detention, the petitioner’s clean antecedent, and the compromise between the parties. It concluded that these factors justified granting regular bail. Accordingly, the petitioner was ordered to be released on a bail bond of Rs.10,000 with two sureties of the same amount.
Issues considered
- Whether the petitioner is entitled to regular bail under the Bharatiya Nyaya Sanhita, 2023 given the nature of the offences and the duration of pre‑trial custody.
- Whether the existence of a compromise between the petitioner and the informant influences the grant of bail.
- Whether the petitioner’s lack of prior criminal antecedents warrants bail despite the charges.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 76
Subjects
- regular bail
- pre‑trial detention
- Bharatiya Nyaya Sanhita
- compromise
- no antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13967 of 2026
Arising Out of PS. Case No.-76 Year-2025 Thana- Baijnathpur District- Saharsa
======================================================
Durgakant Mishra S/o Dayanand Mishra R/o village - Tiri ward no. 1, P.S.-
Baijnathpur, District- Saharsa, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amarnath Jha, Advocate
For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 12-03-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Baijnathpur P.S. Case
no.76 of 2025 registered under sections 126(2), 115(2), 118(1),
109, 76, 303(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the accused persons
including the petitioner herein are said to have assaulted the
informant and others leading to grievous injuries.
4. Learned counsel for the petitioner submits that the
petitioner, who is agnate and neighbour of the informant, has
been falsely implicated in the case. The dispute between the
parties have been compromised as would be evident from the
order of the learned trial Court. The petitioner is in custody
since 24.7.2025 and has no criminal antecedent. Chargesheet
Patna High Court CR. MISC. No.13967 of 2026(2) dt.12-03-2026
2/2
has been submitted in the case.
5. The application for bail is opposed by learned
A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the FIR, the
relationship between the parties, the petitioner being in custody
for more than 7 months since 24.7.2025, chargesheet having
been submitted in the case and the petitioner not having any
criminal antecedent, the Court directs the petitioner to be
enlarged on bail in connection with Baijnathpur P.S. Case no.76
of 2025 on furnishing bail bond of Rs.10,000/ (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Judicial Magistrate 1st Class, Saharsa.
(Partha Sarthy, J)
Saurabh/-
U T
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