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Patna High Court

Alok Mishra @ Alok KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.16169 of 2026(2) dt.01-04-2026
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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
              Patna High Court CR. MISC. No.16169 of 2026(2) dt.01-04-2026
                                                          3/3




                        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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