Patna High Court
Deepu Mishra @ Deepak MishraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Deepu Mishra, applied for regular bail in a criminal case (Piprakothi PS Case No. 241 of 2025) alleging offences under Sections 316(2), 318(4), 336(3), 338 and 3(5) of the B.N.S. He contended that the dispute stemmed from a civil matter concerning specific performance of a contract between his brother, sister‑in‑law and the informant, and that he was not a party to that contract. The State argued that the petitioner had received part of the consideration from the informant and was therefore implicated in the alleged offences. The court noted the nature of the allegations, the petitioner’s prolonged custody since 28‑09‑2025, and the completion of the investigation, and found no reason to keep him detained. Consequently, the court ordered his release on bail upon furnishing a bond of Rs. 20,000 with two sureties of equal amount. The bail order was pronounced by Justice Shailendra Singh.
Issues considered
- Whether the petitioner is entitled to regular bail despite the nature of the offences under the B.N.S.
- Whether the petitioner’s alleged involvement in the contract dispute makes him liable for the criminal charges
- Whether the completion of investigation and length of custody justify granting bail
Legislation cited
- B.N.S. — s. 316(2), 318(4), 336(3), 338, 3(5)
Subjects
- regular bail
- criminal procedure
- B.N.S
- contract dispute
- specific performance
- investigation completed
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 86136 of 2025
Arising Out of PS. Case No.-241 Year-2025 Thana- PIPRAKOTHI District- East Champaran
======================================================
Deepu Mishra @ Deepak Mishra S/o Late Gopalji Mishra Resident of Village
- Dekha, Thekahan, Mishra Tola, P.S. - Piprakothi, Distrcit - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Y. C. Verma, Sr. Adv.
Mr. Madhurendra Kumar, Adv.
For the Opposite Party/s : Mr. Raj Ballabh Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 09-01-2026 1. Heard Mr. Y. C. Verma, learned senior counsel for
the petitioner and Mr. Raj Ballabh Singh, learned APP for the
State.
2. The petitioner seeks regular bail in connection with
Piprakothi P. S. Case No. 241 of 2025, dated 20.07.2025
registered for the offences punishable under Sections 316(2),
318(4), 336(3), 338 and 3(5) of the B.N.S
3. The main submissions advanced by the petitioner's
counsel are that the instant matter relates to the Specific
Performance of Contract, the alleged agreement for sale was
between the petitioner's brother, his Bhabhi and the informant
but not with the petitioner and the petitioner is not bound to
perform the alleged contract as he is not a party thereto and
further the main issue between the informant and accused
Patna High Court CR. MISC. No. 86136 of 2025(2) dt.09-01-2026
2/2
relates to a civil dispute. It is lastly submitted that the petitioner
has been languishing in jail since 28.09.2025 and against him
the investigation has been completed.
4. Learned APP appearing for the State has opposed
the bail prayer of the petitioner and submits that the petitioner
was also one of the accused who received some part of the
consideration amount from the informant so he was also
involved in the alleged offences.
5. In the facts and circumstances of this case and
considering the above submissions and the averements made in
this application mainly coupled with the nature of the allegation,
petitioner's custody period and completion of investigation
against him, this court is inclined to release him on bail.
Accordingly, let the petitioner named-above be enlarged on bail
in connection with Piprakothi P. S. Case No. 241 of 2025 on
furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with
two sureties of the like amount each to the satisfaction of the
Court concerned.
(Shailendra Singh, J)
Rajiv/-
U T
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