Patna High Court
Sumit Kumar MishraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The court conditionally ordered pre‑arrest bail, subject to verification of the injury report and the petitioners' antecedents, and the furnishing of a bail bond as per Section 482(2) of the BNSS.
Summary
The petitioners, three brothers named Mishra, applied for pre‑arrest bail in a case registered under Sections 115(2), 126(2), 109, 303(2), 351(2), 352 and 3(5) of the Bihar Non‑Compulsory Statutes (B.N.S.). They were alleged to have assaulted an informant with a tangari, rod and sword, causing injuries; Section 109 is non‑bailable. The petitioners claimed a clean antecedent, that the informant himself has pending criminal cases, and that the FIR was lodged two days after the incident. No counsel appeared for the petitioners, while the State, represented by APP Sanjay Kumar Singh, opposed bail. The court directed the District Court to verify the injury report and the petitioners' criminal antecedents, and ordered that, if the injuries are simple and no other cases are pending, the petitioners be released on pre‑arrest bail upon furnishing a Rs 10,000 bond with two sureties each, within four weeks, subject to Section 482(2) of the BNSS.
Issues considered
- Whether pre‑arrest bail should be granted in a case involving both bailable and non‑bailable offences, including Section 109 of the B.N.S.
- Whether the nature of the alleged injuries and the petitioners' criminal antecedent justify the grant of bail
Subjects
- pre‑arrest bail
- non‑bailable offence
- Section 109
- injury verification
- bail conditions
- criminal antecedent
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15110 of 2026
Arising Out of PS. Case No.-402 Year-2025 Thana- GHANSHYAMPUR District- Darbhanga
======================================================
1. Sumit Kumar Mishra, Aged about 27 Years, Male, S/o Shailendra Mishra,
Resident of Village - Gulma @ Galma, P.S.- Ghanshyampur, Dist-
Darbhanga
2. Sanjiv Kumar Mishra, Aged about 33 Years, Male, S/o Lalit Mishra @ Lalit
Mohan Mishra, A/P- 714, D Block, Near Ram Jiwan Model School, Ankur
Vihar, P.O.- Loni, District- Ghaziabad, U.P., Resident of Village - Galma,
P.S.- Ghanshyampur, Dist- Darbhanga
3. Ajeet @ Ajeet Kumar Mishra, Aged about 25 Years, Male, S/o Shailendra
Mishra, A/P- Hosiyarpur, Sector 51, Noida, Gautam Buddha Nagar, U.P.,
Resident of Village- Galma, P.S.- Ghanshyampur, Dist- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : None
For the Opposite Party/s : Mr. Sanjay Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 25-03-2026 No one appears on behalf of the petitioners. Mr.
Sanjay Kumar Singh, learned APP for the State is present.
2. The petitioners seek pre-arrest bail in connection
with Ghanshyampur P.S. Case No. 402 of 2025, registered for
the offence punishable under Sections 115(2), 126(2), 109,
303(2), 351(2), 352 and 3(5) of the B.N.S.
3. I have perused the allegation made in the FIR and
the impugned order. The allegation against the petitioners is that
they along with other accused persons, had assaulted the
informant. Specific allegation against the petitioners no. 1 and 3
Patna High Court CR. MISC. No.15110 of 2026(2) dt.25-03-2026
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is that they had repeatedly assaulted the informant by means of
Tangari and rod, as a result of which, the informant had
sustained injury. So far as, petitioner no. 2 is concerned, he had
allegedly assaulted on head of the informant by means of sword,
due to which, the informant had sustained head injury. All the
sections are bailable except Section 109 of the BNS.
4. In paragraph no. 13 of the bail application, it has
been informed that informant is a criminal against whom, four
criminal cases are pending. In paragraph no. 17 of the bail
application it has been informed that FIR has been lodged after
two days from the date of occurrence i.e. 30.11.2025. There is
case and counter case between the parties. In paragraph no. 3,
the petitioners have given information that they have clean
antecedent.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. In view of the statement made in the bail
application and the nature of allegation alleged against the
petitioners, learned District Court is directed to verify the injury
report relating to the informant and if it is found that the
injuries, which are attributable to the petitioners, are simple in
nature, the petitioners, above named, are directed to be released
Patna High Court CR. MISC. No.15110 of 2026(2) dt.25-03-2026
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on pre-arrest bail, in the event of their arrest or surrender before
the learned District Court within a period of four weeks from
today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of the learned District Court where the case is
pending, in connection with Ghanshyampur P.S. Case No. 402
of 2025, subject to the condition as laid down under Section
482(2) of the BNSS.
7. The learned District Court is directed to verify
the criminal antecedent of the petitioners as stated in
paragraph no. 3 of the bail application. If any other case is
pending against the petitioners as what has been stated in
paragraph no. 3, this order will lose its force automatically.
(Purnendu Singh, J)
Niraj/-
U T
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