Created by Fuzzy Cloud

Patna High Court

Krishna Kant Mishra @ Krishkant MishraversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.