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Patna High Court

Gaurav Kumar Mishra @ Gourav Kumar MishraversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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