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Patna High Court

Vikrant Mishra @ Boby MishraversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court allowed the bail application, granting regular bail to the petitioner.

Summary

Vikrant Mishra applied for regular bail in a case registered under Section 302 of the IPC and Section 27 of the Arms Act, arising from a shooting incident on 18 June 2024 in which Braj Bihari Jha killed Md. Jahir. The petitioner was not named in the FIR; his alleged involvement was derived solely from the confessional statement of the co‑accused Braj Bihari Jha. He has been in custody since 26 May 2025, although he is on bail in three other pending cases. The State opposed bail, citing material uncovered during investigation. The Court, after considering the lack of direct FIR allegation, the long period of pre‑trial detention, and the nature of the evidence, ordered that bail be granted on a bond of Rs.10,000 with two sureties. The application for bail was therefore allowed.

Issues considered

  • Whether bail should be granted to an accused who is not named in the FIR but is implicated through a co‑accused's confessional statement.
  • Whether the length of pre‑trial custody and the nature of the offences justify the grant of regular bail.

Legislation cited

Subjects

  • bail
  • murder
  • IPC 302
  • Arms Act 27
  • confessional statement
  • co‑accused
  • regular bail
  • pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.657 of 2026
                    Arising Out of PS. Case No.-146 Year-2024 Thana- BENIPATTI District- Madhubani
                 ======================================================
                 Vikrant Mishra @ Boby Mishra S/o Bhagya Narayan Mishra R/o - Dhanauja,
                 P.S - Benipatti, District - Madhubani
                                                                        ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ashok Kumar Alias Ashok Karn, Advocate
                 For the Opposite Party/s :       Mr. Anand Kishore Choudhary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

4   19-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Benipatti P.S. Case No.

                   146 of 2024 dated 19.06.2024 registered for the offences

                   punishable under Section 302 of Indian Penal Code and Section

                   27 of the Arms Act.

                                3. As per the written report of the informant, on

                   18.06.2024 at around 08:30 PM, there was intervening fight

                   between Braj Bihari Jha and Jay Karan Giri and when the son of

                   the informant Md. Jahir tried to intervene and pacify the matter

                   he was shot at by Braj Bihari Jha resulting into death of his son,

                   namely, Md. Jahir.

                                4. Learned counsel for the petitioner submits that

                   petitioner is not named in the FIR and it is not the case of the

                   informant that even petitioner was present at the place of
           Patna High Court CR. MISC. No.657 of 2026(4) dt.19-03-2026
                                                       2/2




                     occurrence. Moreover, the solitary allegation of firing and

                     killing the deceased is against named accused Braj Bihari Jha. It

                     is further submitted that the name of the petitioner transpired on

                     the basis of the confessional statement of the co-accused Braj

                     Bihari Jha. The petitioner is in custody since 26.05.2025 and

                     although he was made accused in three other cases but he is on

                     bail in those cases.

                                  5. Learned A.P.P. for the State has vehemently

                     opposed the prayer for bail and has submitted that there are

                     ample materials which has surfaced during the course of

                     investigation.

                                  6. Considering the facts and circumstances of the

                     case, as well as the period of custody, the petitioner above-

                     named, is directed to be enlarged on bail on furnishing bail-bond

                     of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the

                     like amount each to the satisfaction of learned Court concerned,

                     Benipatti, Madhubani in connection with Benipatti P.S. Case

                     No. 146 of 2024.

                                  7. The application stands allowed.



                                                (Praveen Kumar, J)
shivam/-
U      T


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