Sushant Kumar MishraversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40957 of 2026
                     Arising Out of PS. Case No.-416 Year-2025 Thana- PARBATTA District- Khagaria
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                 Sushant Kumar Mishra son of Bilash Kumar Mishra @ Bilash Mishra
                 Resident of village- Khanua raka, Ward no. 18, Ps- Parbatta, Dist- Khagaria

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Nidhi Suman, Advocate
                 For the Opposite Party/s :       Mr. Murli Dhar, APP
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                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   25-06-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 308(2) and

                   308(5) of BNS and Sections 25(1-B)a, 26 and 35 of the Arms

                   Act.

                                3. The case of the prosecution is that the petitioner has

                   entered the clinic of the informant and demanded Rs. 1200/- and

                   a charger as extortion amount and as the informant objected the

                   same, he pointed pistol on him. The informant saved himself

                   with the help of his staff.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned

                   counsel for the petitioner has submitted that from perusal of the
            Patna High Court CR. MISC. No.40957 of 2026(2) dt.25-06-2026
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                      FIR, it is clear that the recovery of country made loaded pistol

                      has been made by the informant himself and police has not

                      recovered anything. It has further been submitted that the story

                      of the prosecution that the petitioner has demanded Rs. 1200/-

                      and a charger as extortion amount, itself seems to be an absurd

                      one. Even the informant has not been able to create a palpable

                      story. Learned counsel has submitted that petitioner is in judicial

                      custody since 15.11.2025.

                                   5. Learned APP appearing for the State has

                      vehemently opposed the prayer of regular bail.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be released on bail in connection with

                      Parbatta P.S. Case No. 416 of 2025 on furnishing bail bond of

                      Rs.10,000/- (ten thousand) with two sureties of the like amount

                      each to the satisfaction of learned A.C.J.M.-I, Khagaria.



                                            (Ashok Kumar Pandey, J)
Shubham/-

U     T