Patna High Court

Shashi Kumar Mishra @ Shashi Bhushan Mishra @ Shashi MishraversusThe State of Bihar

Decided: 28 April 2026
Disposal: BAIL GRANTED
Bench: SANDEEP KUMAR

Holding

The court allowed the bail application, granting bail subject to conditions.

Summary

The petitioner, Shashi Kumar Mishra, was arrested in May 2025 in connection with a Paharpur police case alleging offences under Sections 126(2), 115(2), 118(1), 118(2), 109(1) and 303(2) of the Indian Penal Code, including stabbing the victim. He claimed a clean antecedent and asserted innocence, seeking bail. The High Court considered the seriousness of the allegations, the period of custody, and the petitioner’s claim of no prior record. It directed that bail be granted on a bond of Rs 10,000 with two sureties, subject to monthly police‑station attendance and verification of antecedent. The order was limited to the bail application and did not prejudice the trial’s merits.

Issues considered

Whether bail can be granted in a case involving serious offences such as attempted murder and other IPC offences.
Whether the petitioner’s claim of a clean antecedent and the length of custody justify bail.

Legislation cited

Indian Penal Code — s. 109(1), 115(2), 118(1), 118(2), 126(2), 303(2)

Subjects

bail
Indian Penal Code
attempted murder
antecedent verification
criminal procedure
serious offences

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27475 of 2026
                  Arising Out of PS. Case No.-239 Year-2025 Thana- PAHARPUR District- East Champaran
                 ======================================================
                 Shashi Kumar Mishra @ Shashi Bhushan Mishra @ Shashi Mishra Son of
                 Janardan Mishra R/o Village - Batarwaliya, P.S. - Paharpur, Dist. - East
                 Champaran.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sarvesh Kashyap
                 For the Opposite Party/s :       Mr.Navin Kumar Pandey
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   28-04-2026                     Heard learned counsel for the petitioner and

                   learned APP for the State.

                                   2. The petitioner seeks bail in connection with

                   Paharpur P.S. Case No. 239 of 2025 registered for the offence

                   under Sections 126(2), 115(2), 118(1), 118(2), 109(1), 303(2) of

                   the BNS.

                                   3. As per the prosecution case, the petitioner is

                   said to have stabbed the victim.

                                   4. The petitioner is in jail since 15.05.2025 and

                   claims to have clean antecedent.

                                   5. Learned counsel for the petitioner submits that

                   the petitioner is innocent and has falsely been implicated in this

                   case.
Patna High Court CR. MISC. No.27475 of 2026(2) dt.28-04-2026
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                          6. Considering the nature of allegation levelled

          against the petitioner and the period of custody of the petitioner,

          this application is allowed.

                            7. Let the petitioner, above named, 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 concerned Court below in connection with Paharpur

          P.S. Case No. 239 of 2025.

                          8. As a condition of this order, the petitioner after

          being released on bail is directed to mark his attendance at

          Paharpur Police Station on every Sunday of each month. Any

          default in appearance at the police station will result in

          cancellation of bail bonds of the petitioner.

                          9. As the petitioner claims to have clean

          antecedent, the Court below, before accepting the bail bonds of

          the petitioner is directed to verify the antecedent of the

          petitioner. If the petitioner is found to be involved in any other

          case then the bail bonds of the petitioner shall not be accepted.

                       10. It is, however, clarified that the observations made

          herein are limited to the adjudication of the present bail

          application and shall not prejudice the case of the petitioner at

          any subsequent stage of the trial and this Court has not
          Patna High Court CR. MISC. No.27475 of 2026(2) dt.28-04-2026
                                                      3/3




                    expressed any opinion on the merits of the case.



                                                             (Sandeep Kumar, J)
Vikas/-

U

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