Patna High Court
Ajay MishraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The Court granted anticipatory bail to the petitioners subject to the conditions prescribed under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Summary
The petitioners, six residents of Hatni village, applied for anticipatory bail fearing arrest in a criminal case (PS Ghoghardiha Case No.148 of 2025) alleging offences under several sections of the Bhartiya Nagarik Suraksha Sanhita. The prosecution alleged that on 19 July 2025 the accused assaulted an informant with a lathi and knife and stole his gold chain. The petitioners contended they were falsely implicated, emphasizing that petitioners 3 and 4 are full brothers of the informant's husband, making the informant their Bhabhi, and that a family dispute underlies the complaint; they also asserted clean antecedents. The State opposed the anticipatory bail. The Court, noting the familial relationship, the case‑and‑counter‑case context, and the petitioners' clean record, inclined to grant anticipatory bail, directing them to furnish bail bonds and sureties subject to conditions under Section 482(2) of the BNS.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita in view of the alleged offences and the familial dispute.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 115(2), 126(2), 303(2), 3(5), 351(2), 352, 482(2), 76
Subjects
- anticipatory bail
- criminal procedure
- false implication
- family dispute
- Bhartiya Nagarik Suraksha Sanhita
- Section 482
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1531 of 2026
Arising Out of PS. Case No.-148 Year-2025 Thana- GHOGHARDIHA District- Madhubani
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1. Ajay Mishra S/o- Shyam Mishra
2. Raju Mishra @ Rajeev Mishra S/o- Taranand Mishra
3. Shyam Mishra S/o- Late Ghuran Mishra
4. Taranand Mishra S/o- Late Ghuran Mishra
5. Asha Devi W/o- Shyam Mishra
6. Lalita Devi W/o- Taranand Mishra
All are Resident of Village- Hatni PS-Ghoghardiha, Dist- Madhubani
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramchandra Jha Raman, Adv.
For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners apprehends their arrest in
connection with Ghoghardiha P.S. Case No.148 of 2025
registered for the offence under Sections 115(2), 126(2), 76,
303(2), 352, 351(2), 3(5) of BNS.
3. As per prosecution case, on 19.07.2025 at about
09:00 AM informant was going to purchase house articles then
all the accused abused and assaulted him with lathi and knife
Patna High Court CR. MISC. No.1531 of 2026(2) dt.28-01-2026
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and snatched his golden chain.
4. Learned counsel for the petitioners submits that
petitioners are innocent and has committed no offence and they
have falsely been implicated in this case. Learned counsel for
the petitioners further submits that the petitioner no.3 and 4 are
the full brother of the husband of the informant and the
informant is Bhabhi of the petitioner. There is a case and
counter case between the parties, which has been disclosed in
paragraph-8 of the petition and the petitioners are having clean
antecedent.
5. The learned APP opposes the anticipatory bail
application.
6. Considering the fact that the petitioner no.3 and 4
are said to be the full brother of the husband of the informant
and the informant is said to be the Bhabhi of the petitioner; this
is also a case of case and counter case, which has been disclosed
in paragraph-8 of the application; the petitioners are also said to
be having clean antecedent, under these circumstances, this
Court is inclined to grant anticipatory bail to the petitioner.
7. Accordingly, the petitioners above named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks, are directed to be released on
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anticipatory bail on their furnishing bail-bonds in the sum of
Rs.10,000/- with two sureties of the like amount each to the
satisfaction of the learned Judicial Magistrate, Ist Class,
Jhanjharpur, Madhubani in connection with Ghoghardiha P.S.
Case No.148 of 2025 subject to the conditions laid down under
Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
(Alok Kumar Sinha, J)
Prakash Narayan
U T
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