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Patna High Court

Fuchan Mishra @ Udaykant Mishra @ Uday @ Phucho MishraversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to strict conditions, as the allegations involved a simple injury and a case‑counter‑case scenario.

Summary

The petitioner, Fuchan Mishra, sought anticipatory bail fearing arrest in connection with FIR No. 195 of 2025 filed under sections 126(2), 115(2), 110, 352, 351 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that a dispute over tying cattle led the petitioner to assault the informant with a khanti, causing a simple injury, threatening him and attempting to outrage the modesty of female members. The petitioner contended that there was a case and counter‑case and that the injury was minor. The State conceded that the injury was simple. The Court, noting the existence of a mutual scuffle and the minor nature of the injury, decided to extend anticipatory bail. Accordingly, the petitioner was ordered to be released on bail upon arrest or surrender within four weeks, subject to a bail bond of Rs.10,000 with two sureties and several conditions under Section 438(2) of the Cr.P.C.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 of the Criminal Procedure Code.
  • Whether the alleged offences under the Bharatiya Nyaya Sanhita, 2023 warrant denial of bail given the nature of the injury and the circumstances of the dispute.

Legislation cited

Subjects

  • anticipatory bail
  • assault
  • simple injury
  • Criminal Procedure Code
  • Bharatiya Nyaya Sanhita
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17459 of 2026
                        Arising Out of PS. Case No.-195 Year-2025 Thana- BELHAR District- Banka
                 ======================================================
                 Fuchan Mishra @ Udaykant Mishra @ Uday @ Phucho Mishra S/o Late
                 Pachu Mishra @ Panchu Mishra Resident of village- Tarimanjhgany, police
                 station- Belhar, District- Banka

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Balram Kapri, Advocate
                 For the Opposite Party/s :       Mr.Shailendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   25-03-2026                  Heard the parties.

                                2. The petitioner is apprehending arrest in connection

                   with Belhar P.S. No. 195 of 2025 for offences alleged under

                   sections 126(2), 115(2), 110, 352, 351 and 3(5) of the Bharatiya

                   Nyaya Sanhita, 2023 lodged on 29.06.2025 by the informant,

                   Anmod Mishra.

                                3. As per the prosecution story, the informant alleged

                   that on the point of tying the cattle near the door, the dispute

                   arose and led to this petitioner assaulting the informant on the

                   head with ‘khanti’ causing injury. They further threatened of

                   dire consequences and the accused persons also attempted to

                   outrage the modesty of the lady members. This led to the FIR.

                                4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.17459 of 2026(2) dt.25-03-2026
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          there is case and counter case, scuffle took place which has been

          exaggerated, the injury has been found to be simple in nature.

                       5. Learned APP opposes the prayer concedes that the

          injury as reflect in Annexure-02 shows that it is simple in

          nature.

                       6. Considering the aforesaid facts as also that there is

          case and counter case, both sides have resorted to assault, the

          petitioner will have to face the trial, in that background, this

          Court is inclined to extend him the privilege of anticipatory

          bail.

                       7. Let the petitioner be released on bail, in the event

          of his arrest or surrender before the concerned court within a

          period of four weeks from the receipt of this order, on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each in connection with Belhar P.S. No. 195 of

          2025 to the satisfaction of learned Chief Judicial Magistrate,

          Banka subject to the conditions as laid down under Section

          438(2) of the Cr.P.C. as also the other conditions.

                       (i) one of the bailor should be the family

          member/relative of the petitioner who shall provide official

          document (Aadhar Card/Driving License/Voter ID/Pan Card

          etc.) to show his/her bona fide;
             Patna High Court CR. MISC. No.17459 of 2026(2) dt.25-03-2026
                                                         3/4




                                    (ii) the petitioner shall be appearing before the police

                       station as and when required for cooperating in the

                       investigation;

                                    (iii) the petitioner shall appear on each and every date

                       before the Trial Court and failure to do so for two consecutive

                       dates without plausible reason will entail cancellation of his

                       bail bond by the Trial Court itself;

                                    (iv) the petitioner shall appear before the concerned

                       police station every fortnight for next six months to mark his

                       attendance and at the end of the period a certificate be submitted

                       before the Trial Court failing which the State shall be at liberty

                       to take steps for cancellation of bail bonds;

                                    (v) the petitioner shall in no way try to induce or

                       promise or threat the witnesses or tamper with the evidences,

                       failing which the State shall be at liberty to take steps for

                       cancellation of the bail bonds;

                                    (vi) the petitioner shall desist from committing any

                       criminal offence again, failing which the State shall be at liberty

                       to take steps for cancellation of his bail bonds.



                                                      (Rajiv Roy, J)
Ravi/-

U        T
Patna High Court CR. MISC. No.17459 of 2026(2) dt.25-03-2026
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