Patna High Court
Krishna Kant Mishra @ Krishkant MishraversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court denied pre‑arrest bail to petitioners No.1 and No.2 but granted bail to petitioner No.3 subject to conditions.
Summary
The petitioners, three brothers, applied for pre‑arrest bail in a case registered under multiple offences of the Bhartiya Nyaya Sanhita, 2023, alleging they were falsely implicated. The FIR alleged that petitioners No.1 and No.2 assaulted an informant and caused grievous injuries, while petitioner No.3 was accused of stealing a gold chain. The State opposed bail, highlighting the seriousness of the injuries and the prior criminal records of petitioners No.1 and No.2. The Court rejected bail for petitioners No.1 and No.2, finding the injuries and antecedents sufficient to deny pre‑arrest bail. Conversely, the Court granted bail to petitioner No.3, noting the general nature of the allegation, his clean antecedent, and imposed a bond of Rs 10,000 with two sureties, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether pre‑arrest bail should be granted to petitioners No.1 and No.2 despite alleged grievous injuries and prior criminal records.
- Whether pre‑arrest bail should be granted to petitioner No.3 given the general nature of the allegation and his clean antecedent.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117, 118(1), 126(2), 303(2), 3(5), 351(2), 352
Subjects
- pre‑arrest bail
- bail
- criminal antecedent
- grievous injury
- Bhartiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Section 482
- Section 126
- Section 115
- Section 118
- Section 117
- Section 109
- Section 352
- Section 351
- Section 303
- Section 3
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18339 of 2026
Arising Out of PS. Case No.-504 Year-2025 Thana- BHAGWANPUR HAT District- Siwan
======================================================
1. Krishna Kant Mishra @ Krishkant Mishra S/o- Late Hari Kishore Mishra
R/v- Maghar Bais Katha Ps- Bhagwanpur Hat Dist- Siwan
2. Neeraj Kumar Mishra @ Neeraj Mishra S/o- Krishna Kant Mishra @
Krishkant Mishra R/v- Maghar Bais Katha Ps- Bhagwanpur Hat Dist- Siwan
3. Pankaj Mishra @ Pankaj Kr. Mishra S/o- Krishna Kant Mishra @ Krishkant
Mishra R/v- Maghar Bais Katha Ps- Bhagwanpur Hat Dist- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dineshwar Prasad Singh, Advocate
For the Opposite Party/s : Mr. Umesh Lal Verma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 12-05-2026 Heard learned counsel for the petitioners and the
State .
2. Petitioners apprehend their arrest in a case
registered for the offence punishable under sections 126(2),
115(2), 118(1), 117, 109, 352, 351(2), 303(2) and 3(5) of the
Bhartiya Nyaya Sanhita, 2023.
3 . As per F.I.R. on 02.12.2025 , all the named
accused persons including these petitioners armed variously
came and assaulted informant and his family members.
Petitioner No. 1 assaulted Shatrudhan Mishra, petitioner No. 3
assaulted informant by means of farsa and petitioner No. 2 took
Patna High Court CR. MISC. No.18339 of 2026(3) dt.12-05-2026
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gold chain from one Munna Kumar.
4. It is submitted on behalf of the petitioners that
petitioners are innocent and have falsely been implicated in this
case . Allegation of assault is general and omnibus against them.
Rest of the allegation are ornamental in nature. Petitioner No. 3
claims clean antecedent.
5 . Learned counsel for the State opposed the bail
petition and submitted that injuries allegedly caused by
petitioner Nos. 1 and 2 are grievous in nature . Petitioner Nos. 1
and 2 have got 2 criminal antecedents.
6. Considering the nature of injury caused by
petitioner Nos. 1 and 2, their criminal antecedents and other
circumstances of the case, prayer for pre – arrest bail of
petitioner Nos. 1 and 2 is rejected.
7. Considering the general and omnibus allegation
against petitioner No. 3, clean antecedent and other
circumstances of case, in the event of arrest or surrender within
eight weeks from today, let the petitioner No. 3, as named
above, be enlarged on bail on furnishing bail bond of
Rs.10,000/-(ten thousand) with two sureties of the like amount
each to the satisfaction of the learned Chief Judicial Magistrate,
Siwan in connection with Bhagwanpur Hat P.S. Case No. 504 of
Patna High Court CR. MISC. No.18339 of 2026(3) dt.12-05-2026
3/3
2025 , subject to the conditions laid down under section 482
( 2 ) of the Bharatiya Nagarik Suraksha Sanhita ( BNSS) ,
2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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