Patna High Court
Anita MishraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The court granted bail to the petitioners, subject to conditions, as there was no evidence they received the alleged money and they have no criminal antecedents.
Summary
The petitioners, Anita Mishra and her son Abhishek Ranjan Mishra, sought bail fearing arrest in a case (Gopalganj Nagar PS Case No. 869 of 2025) involving alleged fraud of Rs. 50 lakh. The FIR alleged that the co‑accused, Vivek Ranjan, received the money and failed to repay, but the petitioners claimed they received no money and have no criminal antecedents. The State opposed bail, while the petitioners argued they were falsely implicated and had not previously applied for bail. The court noted the absence of any allegation that the petitioners received the money and, considering their clean record, granted them bail on condition of furnishing a Rs.10,000 bond with two sureties each. The bail is subject to conditions under Section 482(2) of the B.N.S. 2023, including cancellation if criminal antecedents or false statements are later discovered.
Issues considered
- Whether bail can be granted to petitioners who are alleged co‑accused but claim innocence and no receipt of the alleged money.
- Whether the absence of prior bail applications affects the grant of bail.
- Whether the petitioners' lack of criminal antecedents warrants bail under Section 482(2) of the B.N.S. 2023.
Legislation cited
- B.N.S. — s. 316(2), 318(4), 336(3), 338, 340(2), 3(5), 351(2), 482(2)
Subjects
- bail
- anticipatory bail
- criminal antecedents
- Section 482
- B.N.S.
- false implication
- co‑accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4447 of 2026
Arising Out of PS. Case No.-869 Year-2025 Thana- GOPALGANJ TOWN District-
Gopalganj
======================================================
1. Anita Mishra W/O Vivek Ranjan R/O village - Moniya Chowk, P.S. -
Gopalganj Town, District -Gopalganj.
2. Abhishek Ranjan Mishra @ Abhishek S/O Vivek Ranjan R/O village -
Moniya Chowk, P.S. - Gopalganj Town, District -Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Subhangi Pandey, Advocate
For the State : Mr. Upendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The present petition has been filed on behalf of the
petitioners, apprehending their arrest, in connection with
Gopalganj Nagar P.S. Case No. 869 of 2025 dated 25.11.2025,
registered for the offences punishable under Sections 316(2),
318(4), 338, 336(3), 340(2), 351(2) and 3(5) of B.N.S., 2023.
3. As per allegation, the complainant has given Rs. 50
lac to the co-accused/Vivek Ranjan and others with promise of
the co-accused that they will pay back the money to the
informant in crores, but on demand, they did not pay a single
paisa.
Patna High Court CR. MISC. No.4447 of 2026(2) dt.04-02-2026
2/3
4. Learned counsel for the petitioners submits that the
Petitioners are innocent and have falsely been implicated in this
case. She further submits that there is no allegation in the FIR
that even a single paisa has been paid in the account of the
petitioners, who are wife and son of co-accused/Vivek Ranjan.
She further submits that the petitioners have nothing to do with
the alleged offence.
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioners have not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the
petition that the petitioners have no criminal antecedents.
7. Learned APP for the State vehemently opposes the
prayer of the Petitioners for bail.
8. Considering the fact that not a single paisa has been
paid to the petitioners as per statement of learned counsel for the
petitioners, this petition is allowed, directing the petitioners
above-named, to be enlarged on bail, in the event of their arrest
or surrender before the court below within a period of eight
weeks from the date of receipt / production of a copy of this
order, on their furnishing bail bonds in the sum of Rs. 10,000 /-
(Ten Thousand) each with two sureties of the like amount each
Patna High Court CR. MISC. No.4447 of 2026(2) dt.04-02-2026
3/3
to the satisfaction of learned Concerned Court below, in
connection with Gopalganj Nagar P.S. Case No. 869 of 2025,
subject to the conditions as laid down under Section 482 (2)
B.N.S.S., 2023 and on the following conditions:
(i) In case, it is brought to the notice of the court
below that the petitioners have any criminal antecedents,
learned court below shall cancel the bail bonds of the petitioners
after hearing them and getting satisfied that the petitioners have
concealed their criminal antecedents despite their knowledge of
the same.
(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the
petitioners.
9. However, the informant will have liberty to take
steps to get the bail bonds cancelled, if it is found that they have
also got the money out of Rs. 50 lac as given by the informant
to the accused persons.
(Jitendra Kumar, J)
shoaib/-
U T
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