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Patna High Court

Ganpati MishraversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

Anticipatory bail was granted to the petitioner subject to a cash bond, sureties and conditions under Section 482(2) of the B.N.S.

Summary

Ganpati Mishra, a 68‑year‑old resident of Mahinam, was named as an accused in a case registered under multiple sections of the Bharatiya Nagarik Suraksha Sanhita (B.N.S.) for allegedly assaulting his cousin, the informant, with a lathi. The petitioner contended that he was falsely implicated, had no prior criminal record, and the injury caused was minor. He applied for anticipatory bail, assuring cooperation with the investigation. The State opposed the bail application. After hearing both sides, the Court considered the facts, the petitioner’s age, lack of antecedents, and the nature of the injury, and ordered that he be released on bail upon surrender within six weeks, subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the B.N.S.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the Bharatiya Nagarik Suraksha Sanhita
  • Whether the petitioner’s alleged involvement and the nature of the injury warrant denial of bail

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • Bharatiya Nagarik Suraksha Sanhita
  • assault
  • false implication
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.77555 of 2025
                      Arising Out of PS. Case No.-155 Year-2025 Thana- BAHERA District- Darbhanga
                 ======================================================
                 Ganpati Mishra S/o Late Jairam Mishra R/o Village- Mahinam, P.S- Bahera,
                 Dist- Darbhanga, (Bihar)

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Saurav Barial, Advocate
                 For the Opposite Party/s :       Mr. Pawan Kumar Chaurasia, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   11-02-2026                     Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                   2. The petitioner apprehends his arrest in a case

                   registered under Sections 126(2), 115(2), 351(2), 352, 74, 110,

                   303(2) and 3(5) of the B.N.S.

                                   3. As per prosecution case, the named accused

                   persons including petitioner with deadly weapons reached to the

                   place of occurrence and attacked on the informant on account of

                   which the informant got injuries. Petitioner is alleged to have

                   assaulted the informant on his thigh with lathi.

                                   4. Learned counsel for the petitioner submits that

                   the petitioner is innocent and has falsely been implicated in this

                   case. The informant and the petitioner are cousin. Petitioner is

                   aged about 68 years having no criminal antecedent. The injury
           Patna High Court CR. MISC. No.77555 of 2025(3) dt.11-02-2026
                                                       2/2




                     caused to the injured is found to be simple in nature. The

                     petitioner undertakes to cooperate in the investigation and the

                     trial.

                                     5. Learned A.P.P. for the State opposes the prayer

                     for anticipatory bail.

                                     6. Considering the facts and circumstances of the

                     case and submissions of learned counsel for the parties, in the

                     event of arrest or surrender before the Court below within six

                     weeks from today, the petitioner be released on bail on

                     furnishing bail bond of Rs.10,000/- (ten thousand) with two

                     sureties of the like amount each to the satisfaction of learned

                     Additional Chief Judicial Magistrate-I, Benipur, Darbhanga in

                     connection with Bahera P.S. Case No.155 of 2025, subject to the

                     conditions as laid down under Section 482(2) of the Bharatiya

                     Nagarik Suraksha Sanhita, 2023.




                                             (Sunil Dutta Mishra, J)
Harish/-

U      T


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