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Patna High Court

Sameer Mishra @ Sameer Kr. MishraversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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