Patna High Court
Pankaj Kumar Mishra @ Pankaj MishraversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court granted bail to the petitioner, subject to a bond, sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
Pankaj Kumar Mishra was charged under several sections of the Bharatiya Nyaya Sanhita for allegedly assaulting an informant and her family and outraging the modesty of female members. He claimed he was falsely implicated due to a personal grudge and argued that the injuries were minor. The petitioner had no prior criminal record and offered to cooperate with the investigation. The State opposed his bail application. The court, noting the co‑accused had already been granted anticipatory bail and the petitioner’s clean record, ordered his release on bail subject to a bond, sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether the petitioner is entitled to bail under the Bharatiya Nyaya Sanhita provisions
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 126(2), 3(5), 351(2), 352, 74
Subjects
- bail
- anticipatory bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- false implication
- assault
- modesty outraged
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79511 of 2025
Arising Out of PS. Case No.-71 Year-2025 Thana- CHERIYA BARIYARPUR District-
Begusarai
======================================================
Pankaj Kumar Mishra @ Pankaj Mishra S/o Dineshwar Mishra @ Dinesh
Mishra R/o Village- Akopur, Ward No 03, PS- Cheriya Bariyarpur, District-
Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satish Kumar Singh, Advocate
For the Opposite Party/s : Mr. Prem Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 05-01-2026 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), 109(1), 352, 351(2),
74 and 3(5) of the Bharatiya Nyaya Sanhita.
3. As per the F.I.R., the petitioner along with other
named accused persons and 3-4 unknown persons assaulted the
informant and her family members. The accused persons also
outraged the modesty of female family members of the
informant.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner is innocent and has falsely
been implicated in the present case due to grudge and malice.
Further submission is that the injury on the injured is simple in
nature cause by hard and blunt substance. There is case and
counter case between the parties for the same occurrence.
Patna High Court CR. MISC. No.79511 of 2025(2) dt.05-01-2026
2/2
Similarly situated co-accused Rajnish Mishra @ Rajnish Kumar
has already been granted anticipatory bail by a Co-ordinate
Bench of this Court vide order dated 08.12.2025 passed in Cr.
Misc. No. 79722 of 2025. Petitioner has got no criminal
antecedent and he undertakes to cooperate in the investigation
and trial.
5. Learned A.P.P. for the State opposed the prayer for
bail.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the above named petitioner be released on bail, in the event of
arrest or surrender before the learned court below within a
period of six weeks from today, on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Additional Chief
Judicial Magistrate, Manjhaul, Begusarai in connection with
Cheriya Bariyarpur P.S. Case No. 71 of 2025, subject to the
conditions as laid down under Section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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