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Patna High Court

Pankaj Kumar Mishra @ Pankaj MishraversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
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                      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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