Patna High Court
Prem Shankar MishraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted because the petitioner was only alleged to have given orders and no specific overt act was attributed to him, and the case involved a general, omnibus accusation.
Summary
The petitioner, Prem Shankar Mishra, sought anticipatory bail fearing arrest in a case alleging offences under IPC sections 341, 302, 504, 506, 34 and Arms Act section 27. The prosecution alleged that Mishra, along with co‑accused, ordered an attack that resulted in the death of the informant’s brother, but the FIR only implicated Mishra as the one who gave orders, without any specific allegation of an overt act by him. Counsel for the petitioner argued that he was innocent and that the charge was general and omnibus, noting that co‑accused Mohan Mishra had already been granted anticipatory bail in a similar matter. The State and the informant opposed the bail, contending that Mishra’s alleged role warranted detention. The Court, considering the lack of direct participation by the petitioner and the nature of the accusation, allowed the prayer for anticipatory bail, directing that he be released on bail‑bond of Rs.10,000 with two sureties if arrested within eight weeks, subject to Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail can be granted to the petitioner who is alleged only to have given orders and not to have committed any overt act.
- Whether the general and omnibus nature of the accusation under multiple IPC and Arms Act sections precludes the grant of anticipatory bail.
Legislation cited
- Arms Act — s. 27
- B.N.S.S. — s. 482(2)
- Indian Penal Code — s. 302, 34, 341, 504, 506
Subjects
- anticipatory bail
- criminal procedure
- IPC offences
- Arms Act
- Section 482
- general accusation
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5291 of 2026
Arising Out of PS. Case No.-84 Year-2024 Thana- CHAND District- Kaimur (Bhabua)
======================================================
Prem Shankar Mishra Son of Late Sidhari Mishra Resident of Vill.- Nibbi,
P.S. -Chand, Dist. - Kaimur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Ms. Kumari Anupam, Advocate
For the State : Mr. Murli Dhar, APP
For the Informant : Mr. Sudama Singh, Advocate
Mr. Shashikant, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 11-02-2026 Heard learned counsel appearing on behalf of the
petitioner, learned APP appearing on behalf of the State and
learned counsel appearing on behalf of the informant.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 341, 302,
504, 506 and 34 of the Indian Penal Code and Section 27 of the
Arms Act.
3. As per prosecution case, on the alleged date and
time of occurrence, all the F.I.R. named accused persons,
including this petitioner, variously armed, came and abused
brother and father of informant and on the orders of this
petitioner and co-accused Mohan Mishra, co-accused Munnan
Mishra, Amit Mishra, Ajay Mishra and Chandan Mishra opened
Patna High Court CR. MISC. No.5291 of 2026(2) dt.11-02-2026
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fire which hit the brother of informant due to which, he died.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. From bare perusal of the F.I.R. it is
apparent that petitioner is only alleged to be order give and no
specific accusation of overt act has been alleged against him.
Specific accusation of opening fire is against co-accused
Munnan Mishra, Amit Mishra, Ajay Mishra and Chandan
Mishra. Co-accused Mohan Mishra, having similar and identical
allegations, has already been granted the privilege of
anticipatory bail by this Hon’ble Court vide order dated
22.12.2025 passed in Cr. Misc. No. 86890 of 2025.
5. Learned A.P.P. for the State and learned counsel for
the informant have vehemently opposed the prayer for grant of
anticipatory bail to the petitioner.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation, fact that
petitioner is not assailant of the deceased and claim based on
parity, the prayer for grant of anticipatory bail to the petitioner is
allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
Patna High Court CR. MISC. No.5291 of 2026(2) dt.11-02-2026
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petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned J.M. Ist, Kaimur, Bhabhua in
connection with Chand P.S. Case No. 84 of 2024, subject to
condition as laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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