Patna High Court
Vikrant Mishra @ Boby MishraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
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
- Arms Act — s. 27
- Indian Penal Code — s. 302
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.