Patna High Court
Fuchan Mishra @ Udaykant Mishra @ Uday @ Phucho MishraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
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
- Bharatiya Nyaya Sanhita, 2023 — s. 110, 115(2), 126(2), 3(5), 351, 352
- Criminal Procedure Code — s. 438(2)
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
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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;
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(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
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