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Patna High Court

Sunil Kumar MishraversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner with specified conditions.

Summary

The petitioner, Sunil Kumar Mishra, applied for anticipatory bail in a case registered under Sections 109 and 3(5) of the B.N.S. and Section 27 of the Arms Act, alleging that he was falsely implicated in an assault on an informant. The informant claimed two unknown youths fired at him, and the FIR suggested Mishra’s involvement along with other named accused. Mishra has four prior criminal cases, but the prosecution presented no material linking him to the offence. The State argued that granting bail could enable evidence tampering or absconding, while Mishra assured cooperation with the investigation. The Court, after considering the lack of incriminating material and Mishra’s willingness to cooperate, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and a condition that one bailor be his son, with a provision for cancellation if he fails to cooperate.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite his criminal antecedent and the seriousness of the alleged offences.
  • Whether the absence of material linking the petitioner to the crime justifies bail.
  • Whether conditions can be imposed to ensure the petitioner’s cooperation with the investigation.

Legislation cited

Subjects

  • anticipatory bail
  • criminal antecedent
  • Arms Act
  • Section 109
  • Section 27
  • bail conditions
  • investigation cooperation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17213 of 2026
                       Arising Out of PS. Case No.-566 Year-2025 Thana- BHORE District- Gopalganj
                 ======================================================
                 Sunil Kumar Mishra, S/O Late Kanhaiya Mishra Village- 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. Sunil Kumar Pandey
                                                   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 four cases and 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 unknown accused on a motorcycle

                   who fired causing injury on his right hand and below his right
Patna High Court CR. MISC. No.17213 of 2026(2) dt.08-04-2026
                                            2/4




          eye. The accused were in the age of 18-25 years, thus alleges

          that the occurrence was committed at the behest of Manish,

          Krishna and Malay. It is next alleged that about 7-8 days back,

          Manish Mishra 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,

          petitioner based on suspicion came to be implicated that the

          occurrence was committed at his behest along with other named

          accused persons. It is also submitted that during the course of

          investigation also, no material transpired connecting the

          petitioner with the offence till now.

                       5. Learned A.P.P. as well as the learned counsel

          appearing on behalf of the informant opposes the anticipatory

          bail application, but then, the learned counsel appearing on

          behalf of the informant submits that petitioner carries criminal

          antecedent and if privilege of anticipatory bail is granted, the
Patna High Court CR. MISC. No.17213 of 2026(2) dt.08-04-2026
                                            3/4




          petitioner may try to tamper with evidence, but then, fairly

          submits that during the course of investigation, no material was

          collected connecting the petitioner with the offence. It is also

          submitted that if privilege of anticipatory bail is granted, the

          petitioner may abscond, 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 and also submits that the case of the petitioner is not

          similar to the case of Manish Mishra as in the case of Manish

          Mishra, some material during the course of investigation was

          collected.

                       6. After hearing the learned counsel for the parties,

          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. 10,000/- (Rupees Ten 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 son namely, Sidhant Kumar Mishra.
               Patna High Court CR. MISC. No.17213 of 2026(2) dt.08-04-2026
                                                           4/4




                                      7. The application stands allowed.

                                      8. However, it is made clear that in the event, if any

                         application is filed by the Investigating Officer before the

                         learned trial Court bringing to its notice that petitioner, despite

                         giving assurance to this Court, is not cooperating in the

                         investigation or is not presenting himself as and when required,

                         the learned trial Court shall be at liberty to cancel the bail bonds

                         of the petitioner after recording reasons.

                                      9. Let a copy of this order be sent to the concerned

                         Police Station through the learned trial Court.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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