Patna High Court
Bhola Mishra @ Manish MishraversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
The anticipatory bail application is rejected as the petitioner is alleged to have committed assault and fired upon persons, and no relief can be granted.
Summary
The petitioner, Bhola Mishra, filed an anticipatory bail application fearing arrest in a case (Buxar Town PS Case No. 558 of 2025) alleging offences under sections 109 and 3/5 of the BNS and section 27 of the Arms Act. The prosecution alleges that Mishra, along with associates, assaulted students in a hostel and, when confronted, opened fire causing injury. The petitioner pleaded innocence and highlighted his young age, but the State’s counsel contended that the allegations clearly constitute assault and unlawful discharge of a firearm. The Court examined the seriousness of the alleged offences and the risk of the petitioner tampering with evidence or committing further offences. Concluding that the allegations were grave and no sufficient ground existed for bail, the Court rejected the anticipatory bail plea. The petition was dismissed.
Issues considered
- Whether anticipatory bail can be granted to the petitioner given the alleged offences under sections 109 & 3/5 of the BNS and section 27 of the Arms Act.
- Whether the nature of the alleged assault and discharge of a firearm justifies denial of bail.
Legislation cited
Subjects
- anticipatory bail
- assault
- firearms
- section 27 Arms Act
- section 109 BNS
- section 3/5 BNS
- bail denial
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21561 of 2026
Arising Out of PS. Case No.-558 Year-2025 Thana- BUXAR District- Buxar
======================================================
Bhola Mishra @ Manish Mishra S/o- Bachan Mishra R/v- Badkagaon
Nagpura Ps- Simri Dist- Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajiv Ranjan Kumar Pandey, Adv.
For the Opposite Party/s : Mr. Nand Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 16-04-2026 Heard Mr. Rajiv Ranjan Kumar Pandey, learned
Counsel for the petitioner and Mr. Nand Kishore Prasad, learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Buxar Town P.S. Case No. 558 of 2025 for the offence
registered under sections 109 & 3/5 of the BNS and 27 of Arms
Act.
3. As per the prosecution story, the informant alleged
that due to some dispute, there was quarrel in the hostel and this
petitioner along with his associates, assaulted some students in
the lodge of his maternal grandfather. When he went to his place
and confronted, the allegation is that the petitioner opened fire
causing injury. The Police took him to the hospital whereafter,
the FIR.
Patna High Court CR. MISC. No.21561 of 2026(2) dt.16-04-2026
2/2
4. Though learned counsel for the petitioner tried to
show his innocence as also the young age, learned APP opposes
the prayer submitting that not only firstly, he assaulted the
students in the lodge of the informant’s maternal grandfather,
upon asking for the reason, he opened fire causing injury to the
informant.
5. In that background, no relief can be extended to the
petition.
6. The anticipatory bail application stands rejected.
(Rajiv Roy, J)
Vijay Singh/-
U T
Checking your session…