Patna High Court
Manish MishraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application with specified conditions.
Summary
Manish Mishra applied for anticipatory bail in a case alleging offences under Sections 109 and 3(5) of the B.N.S. and Section 27 of the Arms Act, where an informant claimed he was shot by unknown youths and that Mishra had orchestrated the attack. Mishra’s counsel argued that the FIR is based solely on suspicion, that the alleged shooters were unidentified, and that Mishra has been falsely implicated; the informant’s brother’s statement was also highlighted. The State opposed bail, fearing Mishra might abscond or tamper with evidence given his five prior criminal cases. The Court considered the nature of the allegations, Mishra’s antecedents, and the risk of evidence tampering, and ordered that he be released on anticipatory bail upon surrender within six weeks, posting a bail bond of Rs. 25,000 with two sureties, one of whom must be his cousin brother, under Section 482(2) of the B.N.S.S. The order is conditional and will lapse if a charge‑sheet directly linking Mishra to the offence is filed.
Issues considered
- Whether anticipatory bail should be granted in a case based largely on suspicion and involving alleged shooting under the Arms Act.
- Whether the petitioner’s prior criminal antecedents justify denial of bail on grounds of potential absconding or tampering with evidence.
- Whether the conditions imposed under Section 482(2) of the B.N.S.S. are sufficient to safeguard the investigation.
Legislation cited
Subjects
- anticipatory bail
- false implication
- Arms Act
- criminal antecedent
- Section 482
- bail conditions
- suspicion
- evidence tampering
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16833 of 2026
Arising Out of PS. Case No.-566 Year-2025 Thana- BHORE District- Gopalganj
======================================================
Manish Mishra S/o- Krishna Kumar Mishra Village- Chhotki Chhatiaon, P.S-
Bhorey, District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Patanjali Rishi
For the Opposite Party/s : Mr.Zainul Abedin
Mr.Adesh Raj
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 08-04-2026 1. Heard learned counsel for the petitioner, learned
APP for the State and the learned counsel appearing on behalf of
the informant.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Sections 109 and 3(5) of the B.N.S. and Section 27 of the Arms
Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of five cases as would manifest
from pleadings made in the supplementary affidavit. It is next
submitted that the informant alleges that on 19.11.2025 at 9.30
A.M., he had gone to the school for teaching and while
returning home at 4.00 P.M., his car was overtaken by two
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unknown accused on a motorcycle who fired causing injury on
his right hand and below his right eye. The accused were in the
age of 18-25 years, thus alleges that the occurrence was
committed at the behest of petitioner, Sunil, Krishna and Malay.
It is next alleged that about 7-8 days back, petitioner had
followed him but he did not give much attention as informant
was objecting the misdeeds of the named accused persons.
4. The learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is next submitted that from perusal of the
allegations as alleged in the FIR, it would manifest that the
informant specifically alleges that two unknown accused in the
age of 18-25 years fired at him causing injury, but then, based
on suspicion alleges that the occurrence was committed at the
behest of petitioner and other named accused persons as
recorded herein above. It is thus submitted that entire allegation
hinges around suspicion. It is further submitted that petitioner
has antecedent of five cases, but then, allegation as alleged in
the FIR is also to be appreciated. It is further submitted that
similarly situated co-accused Malay Kumar Mishra had
approached this Court seeking anticipatory bail by filing Cr.
Misc. No.14856 of 2026 and the same came to be allowed by an
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order dated 01.04.2026 passed by a learned Coordinate Bench.
5. Learned A.P.P. as well as the learned counsel
appearing on behalf of the informant opposes the anticipatory
bail application. The learned counsel appearing on behalf of the
informant submits that statement of a witness was recorded at
Para-147 of the case diary wherein he has stated that petitioner
along with others had threatened him not to depose in the case,
on which the learned counsel appearing on behalf of the
petitioner submits that the witness whose statement was
recorded at Para-147 of the case diary is none but the brother of
the informant. The learned counsel appearing on behalf of the
informant at this stage submits that if privilege of anticipatory
bail is granted, the petitioner may abscond or try to tamper with
evidence, since he has criminal antecedents, on which the
learned counsel appearing on behalf of the petitioner submits
that petitioner will not abscond rather will cooperate in the
investigation to prove his innocence.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on bail
on his furnishing bail-bonds in the sum of Rs. 25,000/- (Rupees
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Twenty Five Thousand) with two sureties of the like amount
each to the satisfaction of the learned Trial Court where the case
is pending/successor Court in connection with Bhore P. S. Case
No.566 of 2025, subject to the conditions laid down under
Section 482(2) of the B.N.S.S., with a further condition that one
of the bailors of the petitioner shall be his cousin brother
namely, Sidhant Kumar Mishra.
7. The application stands allowed.
8. It is made clear that in the event, if charge-sheet is
submitted connecting the petitioner with the offence, in that
event, the present anticipatory bail order shall lose its effect.
(Satyavrat Verma, J)
vikash/-
U T
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