Patna High Court
Anil Kumar Mishra @ Anil MishraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted regular bail to the petitioner subject to a cash bond and sureties.
Summary
The petitioner, Anil Kumar Mishra, applied for regular bail in a case (Mushahari P.S. Case No. 130 of 2025) involving multiple offences under Sections 126(2), 115(2), 118(2), 76, 303(2), 109(1), 352, 351(2) and 3(5) of the Bihar Penal Code. The prosecution alleged that on 4 June 2025 the petitioner, along with ten others, entered the informant’s house armed, assaulted her with a knife and looted cash and land documents. The petitioner claimed innocence, arguing that the allegation of inflicting knife blows lacks medical evidence and that he is a victim of village politics. The State opposed bail, citing the seriousness of the offences. The court, after considering the facts, ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties of the same amount, subject to his cooperation in the trial.
Issues considered
- Whether regular bail should be granted to the petitioner despite the gravity of the offences alleged under the Bihar Penal Code.
Subjects
- regular bail
- criminal procedure
- Bihar Penal Code
- serious offences
- political victimisation
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68889 of 2025
Arising Out of PS. Case No.-130 Year-2025 Thana- MUSAHARI District- Muzaffarpur
======================================================
Anil Kumar Mishra @ Anil Mishra Son of Late Ram Chandra Mishra
Resident of Village - Narauli sen, P.S.- Mushahari, District- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Ranjan
For the State : Mr. Syed Mojibur Rahman
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
6 04-02-2026 Heard learned counsel for the petitioner through
virtual mode and learned APP for the State.
2. In this case, the petitioner is seeking regular bail
in connection with Mushahari P.S. Case No. 130 of 2025,
registered for the offences punishable under Sections 126(2),
115(2), 118(2), 76, 303(2), 109(1), 352, 351(2), 3(5) of the
BNS.
3. As per the prosecution case, on 04.06.2025,
when informant protested against abusive language used by the
petitioner, the accused and ten others forcibly entered her home
armed with weapons. They assaulted the informant with sharp
weapon and also looted cash and land documents. The petitioner
inflicted knife blow on the informant.
Patna High Court CR. MISC. No.68889 of 2025(6) dt.04-02-2026
2/2
4. The learned counsel for the petitioner has
submitted that the petitioner is innocent and has falsely been
implicated in the present case due to dirty village politics. It has
further been submitted that the specific allegation against the
petitioner is that he inflicted knife blows on the injured
(informant) but injury report is not available and that is why, it
has not been annexed with the FIR. The petitioner is in custody
since 13.08.2025.
5. On the other hand, the learned APP for the State
has opposed the prayer for bail.
6. Considering the above-mentioned facts and
circumstances, 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 J.M.-1st
Class, Court No. 12, East Muzaffarpur in connection with
Mushahari P.S. Case No. 130 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)
priyanka/-
U T
Checking your session…