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Patna High Court

Pankaj Mishra @ Sokhan MishraversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that anticipatory bail could not be granted as the petitioners were found to have participated in the alleged offences while being fully armed.

Summary

The petitioners, Pankaj Mishra and Shatrughan Mishra, sought anticipatory bail fearing arrest in connection with Sikraul P.S. Case No. 06 of 2026, which involves offences under several sections of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. The incident arose when Kanhaiya Chaubey and others forcibly entered an agricultural field, during which Chaubey fired and killed a person, and the petitioners allegedly assaulted four members of the prosecution side. The court examined the allegations and the material on record, concluding that the petitioners had participated in the crime while fully armed. Consequently, the court was not inclined to grant anticipatory bail. The bail application was dismissed, with the court clarifying that its observations are limited to this bail application and do not prejudice the petitioners at any later stage of the trial.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners in view of the alleged participation in offences under the Bharatiya Nyaya Sanhita and the Arms Act
  • Whether the allegations and material on record constitute sufficient grounds to deny anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Arms Act
  • murder
  • assault
  • bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37789 of 2026
                        Arising Out of PS. Case No.-6 Year-2026 Thana- SIKRAUL District- Buxar
                 ======================================================
           1.     Pankaj Mishra @ Sokhan Mishra S/O Hareram Mishra Resident of Village-
                  Saraiya, P.S.- Sikraul, District - Buxar
           2.    Shatrughan Mishra S/O Late Badri Mishra @ Late Baduri Mishra Resident
                 of Village- Saraiya, P.S.- Sikraul, District - Buxar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ashok Kumar Garg, Advocate
                 For the Opposite Party/s :       Mr.Choubey Jawahar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   30-06-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners apprehends their arrest in

                   connection with Sikraul P.S. Case No. 06 of 2026 registered for

                   the offence punishable under Sections 191(2), 191(3), 126(2),

                   115(2), 109, 50, 61(2), 103(1), 351(2), 352 of the Bharatiya

                   Nyaya Sanhita and Section 27 of the Arms Act.

                                3. Kanhaiya Chaubey and others had gone to the

                   place of occurrence for harvesting agricultural field forcibly and

                   in that process, Kanhaiya Chaubey fired and killed the deceased.

                   The petitioners and other accused persons are said to have

                   assaulted the prosecution side causing injuries to four persons.
              Patna High Court CR. MISC. No.37789 of 2026(2) dt.30-06-2026
                                                          2/2




                                     4. Considering the allegation and the materials on

                        record, it appears that the petitioners had participated in the

                        crime after being fully armed.

                                     5. In view of the above, I am not inclined to grant

                        anticipatory bail to the petitioners.

                                     6. Accordingly, the application stands dismissed.

                                     7. 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 petitioners at

                        any subsequent stage of the trial and this Court has not express

                        any opinion on the merits of the case.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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