Patna High Court
Rakesh Kumar MishraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that, given the petitioner’s clean antecedent, lack of specific allegation against him, and the grant of anticipatory bail to similarly situated co‑accused, anticipatory bail should be granted subject to conditions under Section 438(2) CrPC.
Summary
Rakesh Kumar Mishra sought anticipatory bail in connection with a FIR (Case No. 423/2023) alleging multiple IPC offences and a violation of the Bihar Control of Use and Play of Loudspeaker Act, arising from stone‑pelting at a Durga procession near a mosque. The petitioner argued that he has a clean antecedent and that the FIR contains only a generic allegation against all accused, with no specific charge against him. He also highlighted that co‑accused Arslan Khan and Sanjay Kumar had already been granted anticipatory bail in similar cases. The prosecution opposed the bail. The High Court, noting the petitioner’s clean record, the lack of specific allegations, and the precedent of bail to similarly situated co‑accused, granted anticipatory bail subject to a Rs 10,000 bond, two sureties, and conditions under Section 438(2) of the CrPC.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the serious nature of the offences alleged in the FIR.
- Whether the absence of a specific allegation against the petitioner and his clean antecedent justify bail.
- Whether the grant of anticipatory bail to similarly situated co‑accused influences the decision.
Legislation cited
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 120(B), 147, 148, 149, 153(A), 188, 290, 295, 295(A), 296, 307, 332, 333, 337, 338, 353, 427
Subjects
- anticipatory bail
- clean antecedent
- omnibus allegation
- IPC offences
- Section 438 CrPC
- Bihar Loudspeaker Act
- stone pelting
- communal procession
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23165 of 2026
Arising Out of PS. Case No.-423 Year-2023 Thana- BHAGWAN BAZAR District- Saran
======================================================
Rakesh Kumar Mishra S/O Ganesh Datth Mishra @ Ganesh Datt Mishra R/O
Vill.- Bahuriya Kothi, Nai Bazar , P.S- Bhagwan Bazar, Dist- Saran at
Chhapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Priyanshu Kumar Singh, Advocate
For the Opposite Party/s : Ms. Veena Kumari Jaiswal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 17-04-2026 Heard Mr. Priyanshu Kumar Singh, learned counsel
for the petitioner and Ms. Veena Kumari Jaiswal, learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Bhagwan Bazar P.S. Case No. 423 of 2023,
F.I.R. dated 27.10.2025 for the offences punishable under
Sections 147, 148, 149, 188, 290, 153(A), 295, 295(A), 296, 337,
338, 307, 332, 333, 353, 427 and 120(B) of the IPC and Section
9 of Bihar Control of use and play of Loudspeaker Act.
3. According to prosecution case, some unsocial
element pelted stones upon the procession of Goddess Durga
when it reached near Masjid.
4. Learned counsel for the petitioner submits that
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petitioner has clean antecedent and he has falsely been
implicated in the present case. He further submits that the
petitioner is named in the FIR but there is no specific allegation
of assault or overt act attributed against the petitioner rather there
is general and omnibus allegation against all the accused persons
including the petitioner. He further submits that the similarly
situated co-accused, namely, Arslan Khan @ Kallu and another
have been granted anticipatory bail by this Court vide order dated
15.07.2025 passed in Cr. Misc. No. 39854 of 2025 and another
co-accused, namely, Sanjay Kumar has been granted anticipatory
bail by a Co-ordinate Bench of this Court vide order dated
22.05.2024 passed in Cr. Misc. No. 32926 of 2024.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
that the petitioner has clean antecedent, there is no specific
allegation against the petitioner and the similarly situated co-
accused persons have been granted anticipatory bail, let the
petitioner, above named, in the event of his arrest or surrender
before the court below within a period of thirty days from the
date of receipt of the order, be released 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 A.C.J.M.-II, Saran
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at Chapra in connection with Bhagwan Bazar P.S. Case No. 423
of 2023, subject to the conditions as laid down under Section
438(2) of the Code of Criminal Procedure and with other
following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason,his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at any
stage it is found that the petitioner has concealed his criminal
antecedent, the court below shall take step for cancellation of bail
bond of the petitioner. However, the acceptance of bail bonds in
terms of the above-mentioned order shall not be delayed for
purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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