Patna High Court
Sameer Mishra @ Sameer Kr. MishraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner.
Summary
The petitioner, Sameer Mishra, sought anticipatory bail fearing arrest in a case registered under Sections 126(2), 115, 118(1), 103, 351(2), 352, 303(2) and 3(5) of the B.N.S. The prosecution alleged that Mishra stabbed an informant with a knife. The petitioner contended that he is innocent, the injuries were minor, the FIR was lodged after an unreasonable two‑day delay, and he has a clean antecedent record. The State opposed the bail application. Considering the nature of the injuries, the delay in filing the FIR and the petitioner's clean record, the Court allowed the anticipatory bail, directing that if arrested within eight weeks he may be released on a bail bond of Rs.10,000 with two sureties, subject to Section 482(2) of the B.N.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
Legislation cited
- B.N.S. — s. 103, 115, 118(1), 126(2), 303(2), 3(5), 351(2), 352
Subjects
- anticipatory bail
- criminal procedure
- delay in FIR
- clean antecedents
- Section 482(2)
- B.N.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80355 of 2025
Arising Out of PS. Case No.-72 Year-2025 Thana- JIRADEI District- Siwan
======================================================
Sameer Mishra @ Sameer Kr. Mishra Son of Angad Mishra R/o Village -
Surwal, P.S. - Ziradei, Dist. - Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Sanjay Kumar Pandey, Advocate
For the State : Mr. Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 15-01-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 126(2),
115, 118(1), 103, 351(2), 352, 303(2) and 3(5) of the B.N.S..
3. As per prosecution case, this petitioner is alleged to
have stabbed informant with knife.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. Doctor has found the injuries, allegedly
caused by this petitioner, simple in nature. Moreover, the
present F.I.R. has been lodged after inordinate delay of two days
and there is no plausible explanation for the same. Petitioner
claims clean antecedents.
Patna High Court CR. MISC. No.80355 of 2025(3) dt.15-01-2026
2/2
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case, nature of injuries sustained by the injured and clean
antecedents of the petitioner, the prayer for grant of anticipatory
bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged 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 J.M.F.C., Siwan in connection
with Zeradei P.S. Case No. 72 of 2025, subject to condition as
laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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