Patna High Court
Krishna Mistry @ Krishan Mistry @ Krishan VishvkarmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court held that bail may be granted to the petitioner subject to strict conditions.
Summary
Krishna Mistry, an ironsmith, was arrested in connection with a case involving alleged servicing of guns for Naxalite co‑accused and charged under the Arms Act, Explosive Act and UAPA. He contended that he was falsely implicated, had a clean antecedent and was not found with any incriminating article. The petitioner had been in custody since 17‑04‑2025 and sought bail. The State opposed the bail on grounds of the seriousness of the offences. The High Court, after considering the facts, directed that bail be granted on the condition of furnishing a bail bond of Rs.10,000 with two sureties, a close relative as one bailor, and compliance with attendance and verification requirements. The order clarified that any observations would not affect the trial.
Issues considered
- Whether bail should be granted to an accused charged under Sections 25(1‑AA), 26, 35 of the Arms Act, Sections 3/4 of the Explosive Act and multiple sections of the UAPA.
- Whether the petitioner’s claim of false implication and clean antecedent warrants bail despite the seriousness of the offences.
- Whether the conditions imposed are sufficient to ensure the petitioner’s presence and prevent tampering with evidence.
Legislation cited
- Arms Act — s. 25(1-AA), 26, 35
- Explosive Act — s. 3, 4
- Unlawful Activities (Prevention) Act — s. 13, 16(1)b, 17, 18, 19, 20, 38, 39
Subjects
- bail
- Arms Act
- Explosive Act
- UAPA
- false implication
- criminal antecedent
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82557 of 2025
Arising Out of PS. Case No.-104 Year-2025 Thana- IMAMGANJ District- Gaya
======================================================
Krishna Mistry @ Krishan Mistry @ Krishan Vishvkarma S/O Kuleshwar
Mistry R/O village- Kadirganj, P.S- Imamganj, District- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vinod Kumar, Advocate
For the Opposite Party/s : Mr. Abhay Kumar Roy, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 06-01-2026 Heard learned counsel for the petitioner and the
learned APP for the State.
2. The petitioner seeks bail in connection with
Imamganj P.S. Case No. 104 of 2025 registered for the offences
under Sections 25(1-AA), 26,35 of the Arms Act, Section 3/4 of
the Indian Explosive Act and Sections 13, 16(1)b, 17, 18, 19,
20, 38 and 39 of the Unlawful Activities (Prevention) Act.
3. As per the prosecution case, the petitioner is
alleged to be the person who used to service the guns of the
other co-accused who are said to be naxalites.
4. Learned counsel for the petitioner submits that
the petitioner has falsely been implicated in this case and he is
an ironsmith involved in mechanical works and has no relation
whatsoever with the other co-accused persons who are said to be
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the naxalites. It has further been submitted that the petitioner
has clean antecedent and he has no direct or indirect concern
with the other co-accused persons and he has falsely been
implicated. It is also submitted that the petitioner was not
apprehended with any incriminating article and moreover the
co-accused namely Rupesh Paswan has already been enlarged
on bail vide order dated 09.10.2025 passed in Cr. Misc. No.
70807 of 2025.
5. The petitioner is in custody since 17.04.2025
and has clean antecedent.
6. Learned APP for the State has vehemently
opposed the prayer for bail of the petitioner.
7. Considering the facts and circumstances of the
case, the petitioner is directed to be released on bail on his
furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of the learned Judicial Magistrate, First Class, Sherghati, Gaya
in connection with Imamganj P.S. Case No. 104 of 2025, subject
to the following conditions:
(i) One of the bailors will be a close relative of the
petitioner;
(ii) the petitioner will remain present on each and
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every date fixed by the Court below, if so required by the
learned Trial Court;
(iii) in case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bonds of the petitioner
will liable to be cancelled by the Court concerned;
(iv) the Court below shall verify the criminal
antecedent of the petitioner and in case at any stage, it is found
that the petitioner has concealed his criminal antecedent, the
court below shall take step for cancellation of bail bonds of the
petitioner. However, the acceptance of bail bonds in terms of the
above mentioned order shall not be delayed for purpose of the
same on in the name of verification.
8. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
krishna/-
U T
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