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Patna High Court

Raj Kumar MishraversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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