Patna High Court
Alok Mishra @ Alok KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The court held that, in view of the absence of solid evidence and the suspect nature of the FIR, anticipatory bail should be granted under Section 482(2) of the Criminal Procedure Code.
Summary
The petitioner, Alok Mishra, sought anticipatory bail fearing arrest in a case (Sherghati PS Case No. 756 of 2023) alleging offences under IPC sections 328, 302/34. He narrated a family property dispute after his grandfather’s death, claiming the deceased was cared for by his family while the other siblings were hostile. The deceased died under medical care, and the post‑mortem could not determine cause of death; forensic analysis later detected etorphine, suggesting the FIR was filed on malafied grounds. The State opposed bail, but the court, noting the lack of substantive evidence and the questionable nature of the FIR, granted anticipatory bail subject to a bond and conditions under Section 482(2) of the CrPC. The order directs the petitioner to furnish a bail bond of Rs. 20,000 with two sureties if arrested within six weeks.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the pending criminal case.
- Whether the FIR was filed with malafied intention and lacks evidentiary support.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 302, 328, 34
Subjects
- anticipatory bail
- family property dispute
- IPC sections 328, 302, 34
- forensic evidence
- malafied FIR
- CrPC Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16169 of 2026
Arising Out of PS. Case No.-756 Year-2023 Thana- SHERGHATI District- Gaya
======================================================
Alok Mishra @ Alok Kumar, Son of Pawan Mishra, Resident of Mohalla -
Shekhpura, P.S. - Sherghati, District - Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pushpendra Priyedarshi, Adv.
For the Opposite Party/s : Mr. Lalan Kumar,APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 01-04-2026 Heard the parties.
2. The petitioner apprehends his arrest in connection
with Sherghati P. S. Case No. 756 of 2023 registered for the
offences punishable under Sections 328, 302/34 of the Indian
Penal Code.
3. Learned counsel for the petitioner submits that the
deceased who was the grandfather of the petitioner, had divided
his entire property among his three sons and one daughter and
retained one share for himself. After the partition, the shares of
the sons were mutated in their respective names and thereafter,
the prosecution party started neglecting the deceased and did not
take proper care of him and then the deceased started residing
with the petitioner's family and since then, bad relation
developed and the other sons of the deceased were annoyed with
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the care and support being provided to deceased by the
petitioner's family. The deceased was about 87 years old person
at the time of his death and had been undergoing continuous
medical treatment for a long period and when his condition
deteriorated due to illness, he was admitted to a private hospital,
namely S. Samdarshi Hospital, where he remained under
treatment and was finally discharged on 11.07.2023 and in this
regard, relevant documents concerning to his medical treatment
have been filed with this petition as Annexure- P/3. Learned
counsel further submits that on 13.07.2023, all of a sudden the
health condition of the deceased became serious and he was
rushed to ANMMCH, Gaya, where during the course of
treatment he died and in the post-mortem report, the cause of
death of the deceased could not be ascertained and then his
viscera was sent to the FSL for forensic examination. The FSL
examination detected a etorphine, a derivative of morphine,
which is commonly used for pain relief, thereby falsifying the
allegations made in the FIR. It is lastly submitted that the
informant has lodged the FIR with malafied intention based
mainly on suspicion and there is no any evidence to support the
allegations.
4. Learned APP for the State opposes the bail prayer
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of the petitioner.
5. In the facts and circumstances of this case and
considering the statements made in the petition as well as above
submissions, this court is inclined to grant the relief of
anticipatory bail to the petitioner. Accordingly, let the petitioner
named-above, in the event of his arrest/surrender before the
learned court below within a period of six weeks from today, be
released on anticipatory bail in connection with Sherghati P. S.
Case No. 756 of 2023 on furnishing bail bond of Rs. 20,000/-
(Rupees Twenty Thousand) with two sureties of the like amount
each to the satisfaction of the Court concerned, subject to the
conditions as laid down under Section 482(2) of the BNSS.
(Shailendra Singh, J)
Rajiv/-
U T
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