Patna High Court
Malay Kumar MishraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner, finding insufficient material to justify his continued detention.
Summary
Malay Kumar Mishra was named by an informant in FIR No. 566 of 2025 for allegedly firing at the informant, violating Section 109 read with Section 3(5) of the B.N.S., 2023 and Section 27 of the Arms Act. The petitioner claimed innocence, alleging the case was filed maliciously due to political rivalry, and argued there was no material linking him to the offence. The informant’s statement identified the petitioner as present at the scene, but the court found the evidence insufficient. Considering the lack of substantive proof and the possibility of false accusation, the court ordered the petitioner’s release on bail, subject to conditions under Section 482(2) of the B.N.S.S. and a requirement to surrender within eight weeks. The bail order also stipulated surety requirements and attendance at trial dates.
Issues considered
- Whether the petitioner should be granted bail in the absence of material evidence linking him to the alleged offence
- Whether the allegations constitute a false or malicious prosecution under Section 482(2) of the B.N.S.S.
Legislation cited
Subjects
- bail
- false accusation
- political rivalry
- Arms Act
- Section 482
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14856 of 2026
Arising Out of PS. Case No.-566 Year-2025 Thana- BHORE District- Gopalganj
======================================================
Malay Kumar Mishra S/o Krishna Kumar Mishra, Resident of Village-
Chhatiaon, P.S.- Bhorey, District- Gopalganj.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Patanjali Rishi, Advocate
Mr. Rupanshu Shekhar, Advocate
For the State : Mr. Zainul Abedin, APP
For the Informant : Mr. Adesh Raj Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 01-04-2026 The matter was heard via video conferencing
mode.
2. Heard learned counsel for the petitioner, learned
counsel for the informant and learned A.P.P. for the State.
3. In the present case, the petitioner is
apprehending his arrest in connection with Bhore P.S. Case No.
566 of 2025, registered for the offences punishable under
Section 109 read with Section 3(5) of the B.N.S., 2023 and
Section 27 of the Arms Act.
4. As per prosecution case, two youths fired upon
the informant with pistol and the informant received injuries in
his right palm and one splinter wound below left eye. The
informant named the petitioner and some other co-accused
persons for being involved in the said occurrence as informant
Patna High Court CR. MISC. No.14856 of 2026(2) dt.01-04-2026
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has been opposing their worngful acts.
5. Learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in this
case. Father of the petitioner is elected Mukhiya of the village
and the wife of the informant contested against him and lost.
There is no reason or motive for the petitioner to get involved in
the act of attack on the informant. There is no material in the
entire FIR to substantiate the allegation against the petitioner.
Learned counsel further submits that petitioner is having
antecedent of four cases and he is on bail in all these cases.
Learned counsel reiterates that the present case has been
maliciously lodged and the petitioner has been falsely
implicated merely on account of political rivalry.
6. Learned APP as well as learned counsel for the
informant vehemently oppose the submissions made on behalf
of the petitioner. Learned counsel for the informant submits that
subsequently the statement of the informant was recorded and in
his further statement the informant named this petitioner who
came to the place where the informant has been lying after
receiving fire-arm injuries and taking him to be dead returned.
7. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
Patna High Court CR. MISC. No.14856 of 2026(2) dt.01-04-2026
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lack of material to show involvement of the petitioner in the
alleged occurrence and also considering the rivalry of the parties
and further considering possibility of false accusation, 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 Sub-Divisional
Judicial Magistrate, Gopalganj, in connection with Bhore P.S.
Case No. 566 of 2025, subject to the conditions 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)
Shahnawaz/-
U T
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