Patna High Court
Krishna Kumar MishraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Krishna Kumar Mishra, was arrested in connection with a case (Bhore P.S. Case No. 566 of 2025) alleging conspiracy to murder under Sections 109 and 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. He has been in custody since 10 January 2026. The petitioner contended that he was falsely implicated due to a personal dispute with the informant and that no material, including scientific evidence, links him to the crime. The court considered the seriousness of the allegations, the petitioner’s age, and the lack of substantive evidence. Accordingly, the court granted bail, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under Sections 109 and 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act in the absence of material evidence.
- Whether the petitioner’s age and the nature of the allegations warrant the grant of bail.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 109, 3(5)
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- false implication
- age factor
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14585 of 2026
Arising Out of PS. Case No.-566 Year-2025 Thana- BHORE District- Gopalganj
======================================================
Krishna Kumar Mishra S/o Late Kanhaiya Mishra R/o Chhotaki Chhathiaon,
P.S.- Bhore, District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Patanjali Rishi, Advocate
For the State : Mr.Zainul Abedin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 24-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Bhore
P.S. Case No. 566 of 2025 registered for the offence punishable
under Sections 109 and 3(5) of the Bharatiya Nyaya Sanhita and
Section 27 of the Arms Act.
3. Unknown criminal has fired upon the victim. The
petitioner has been made accused in the case that he has
conspired for killing the victim.
4. The petitioner is in custody since 10.01.2026.
5. Learned counsel for the petitioner submits that the
petitioner is a Mukhiya and he has dispute with the informant
and because of which he has been falsely implicated. Learned
counsel for the petitioner further submits that there is no
Patna High Court CR. MISC. No.14585 of 2026(3) dt.24-03-2026
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material available during investigation to connect the petitioner
with the crime including any scientific material.
6. Considering the nature of allegation levelled
against the petitioner and also the age of the petitioner, this
application is allowed.
7. Let the petitioner, above named, be released on bail
on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
Sub Divisional Judicial Magistrate, Gopalganj/ concerned Court
in connection with Bhore P.S. Case No. 566 of 2025.
(Sandeep Kumar, J)
P. Kumar
U T
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