Patna High Court
Sunil Kumar MishraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
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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
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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
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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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