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Patna High Court

Manish MishraversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
Patna High Court CR. MISC. No.16833 of 2026(2) dt.08-04-2026
                                            2/4




          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
Patna High Court CR. MISC. No.16833 of 2026(2) dt.08-04-2026
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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
               Patna High Court CR. MISC. No.16833 of 2026(2) dt.08-04-2026
                                                           4/4




                         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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