Patna High Court
Gaurav Kumar Mishra @ Gourav Kumar MishraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court held that anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
Gaurav Kumar Mishra was named in an FIR for alleged manipulation of Jamabandi Register No.II, alleged forgery and related offences under Sections 318(4), 344 and 3(5) of the Bharatiya Nagarik Suraksha Sanhita, 2023. He contended that the real culpable party was co‑accused Bansi Kumar Paswan, an employee of the CBSL Project, and that he himself had a clean antecedent and no role in the alleged fraud. The State opposed his prayer for anticipatory bail. The Court examined the material and found that the prima facie case of forgery was directed against the co‑accused, while the petitioner lacked any substantive link to the offence. Consequently, the Court exercised its inherent powers under Section 482(2) of the B.N.S. to grant anticipatory bail, subject to a bail bond of Rs 10,000 and two sureties of the same amount, and other conditions. The order was made by Justice Chandra Shekhar Jha of the Patna High Court.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the material on record establishes a prima facie case against the petitioner.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 318(4), 344, 3(5), 482(2)
Subjects
- anticipatory bail
- section 482
- Bharatiya Nagarik Suraksha Sanhita
- clean antecedent
- fraud
- Jamabandi Register
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26536 of 2026
Arising Out of PS. Case No.-69 Year-2025 Thana- RANIGANJ District- Araria
======================================================
Gaurav Kumar Mishra @ Gourav Kumar Mishra S/o Late Binod Mishra R/o
Village - Gunwanti, Ward Number- 03, Police Station - Bounsi, District -
Araria
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kanchan Jha
For the Opposite Party/s : Mr.Anil Kumar Singh No. 1
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 30-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State .
2. The petitioner named in the F.I.R. and
apprehending his arrest in connection with Raniganj P.S. Case
No.69 of 2025, registered for the offence punishable under
Sections 318(4), 344, 3(5) of the B.N.S., 2023.
3. As per the F.I.R., petitioner along with co-accused
persons manipulated in Jamabandi Register No.II and thus
cheated the revenue authority.
4. It is submitted by learned counsel for the petitioner
that the thrust of allegation is available against co-accused
person, Bansi Kumar Paswan, who was employee of CBSL,
Project and as the petitioner was only accompanied him up to
Patna High Court CR. MISC. No.26536 of 2026(2) dt.30-04-2026
2/2
revenue office, he was implicated without having any cogent
materials. It is submitted that the petitioner is a man of clean
antecedent and also he was not working with CBSL Project
having no occasion to manipulating Jamabandi Register No.II.
Petitioner claims clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. In view of the aforesaid factual submissions and by
taking note of the fact as thrust of allegation of forgery of
Jamabandi Register No.II prima facie appears against co-
accused, Bansi Kumar Paswan, who was employee of CBSL
Project, accordingly, the petitioner, as named above, who is a
person of clean antecedent, in the event of his arrest or surrender
within four weeks from today, be enlarged on bail on furnishing
bail bond of Rs.10,000/-(Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
A.C.J.M.-I, Araria, in connection with Raniganj P.S. Case No.69
of 2025, subject to the conditions laid down under section
482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Chandra Shekhar Jha, J)
sanjeev/-
U T
Checking your session…