Patna High Court
Ganpati MishraversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 110, 115(2), 126(2), 303(2), 3(5), 351(2), 352, 482(2), 74
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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