Patna High Court
Raj Kumar MishraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, subject to bond and surety conditions.
Summary
The petitioner, Raj Kumar Mishra, was arrested in connection with a robbery in which Rs. 2 lakh and a voter ID were stolen. He claims innocence, stating he was falsely implicated and has a clean antecedent, having been in custody for about a year. The petition seeks regular bail for offences under Sections 309(4) and 3(5) of the Bihar Narcotic Substances Act. The State opposed the bail application. Considering the petitioner’s clean record, the length of incarceration, and the circumstances of the case, the court ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to his cooperation in the trial.
Issues considered
- Whether regular bail should be granted to the petitioner under Sections 309(4) and 3(5) of the Bihar Narcotic Substances Act given the facts of the case.
Legislation cited
- Bihar Narcotic Substances Act — s. 309(4), 3(5)
Subjects
- regular bail
- bail
- criminal procedure
- Sections 309(4) BNS
- Sections 3(5) BNS
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56191 of 2025
Arising Out of PS. Case No.-57 Year-2025 Thana- GOPALGANJ TOWN District- Gopalganj
======================================================
Raj Kumar Mishra S/o- Yogendra Mishra R/o- Hajipur Shailya Chowk Ps-
Nagar Dist- Vaishali
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kr Thakur
Ms.Vaishnavi Singh
Mr.Ritwik Thakur
Mr.Mudit Meet
For the State : Mr. J.N. Thakur
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
4 13-01-2026 Heard learned counsel for the petitioner as well as
learned APP for the State.
2. In this case, the petitioner is seeking regular bail in
connection with Gopalganj Nagar P.S. Case No. 57 of 2025,
registered for the offences punishable under Sections 309(4), 3(5)
of the BNS.
3. As per allegation, when the informant was
returning after withdrawal of money by his motorcycle, unknown
miscreants stopped him and one of them snatched his bag,
containing Rs. 2 lakh cash, voter id, etc. On hue and cry, two
miscreants became successful in fleeing away and one of them
was arrested who disclosed his name as Raj Kumar Mishra (the
petitioner). The bag was recovered from his possession.
Patna High Court CR. MISC. No.56191 of 2025(4) dt.13-01-2026
2/2
4. The learned senior counsel for the petitioner has
submitted that the petitioner is innocent and has falsely been
implicated. The occurrence has taken place on 20.01.2025. The
petitioner allegedly was arrested on the same day but the seizure
list was prepared on 21.01.2025 and no reason for that has been
assigned. FIR was also registered on 21.01.2025. He has submitted
further that the petitioner is a person of clean antecedent and is
under custody for near about a year.
5. On the other hand, Mr. J.N. Thakur, the learned APP
for the State has opposed the prayer for bail.
6. Considering the above-mentioned facts and
circumstances, period of incarceration and clean antecedent, let the
petitioner above-named be released on bail on furnishing bail
bonds of Rs.10,000/- with two sureties of the like amount each to
the satisfaction of learned Chief Judicial Magistrate, Gopalganj in
connection with Gopalganj Nagar P.S. Case No. 57 of 2025,
subject to the condition that the petitioner shall cooperate in the
disposal of trial and make himself available as and when required
by the court.
(Nawneet Kumar Pandey, J)
kundan/-
U T
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