Patna High Court
Mishra Sah @ Deepak SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a cash bond, sureties, and specific conditions under Section 482(2) of the CrPC.
Summary
The petitioner, Mishra Deepak, was facing arrest in connection with Baheri Police Station Case No. 166 of 2025, arising from an FIR dated 04‑05‑2025 alleging assault with an iron rod and multiple offences under the Indian Penal Code. The prosecution alleged that the petitioner, along with others, attacked the informant's father‑in‑law, causing a head injury, while the petitioner claimed he has a clean antecedent and that the FIR is fabricated, stemming from a land dispute and a counter‑case. The learned Additional Public Prosecutor opposed bail, citing the seriousness of the charges. The court considered the petitioner’s clean record, the simple nature of the injury, and the existence of a counter‑case, and decided to grant bail on a bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the CrPC. The bail order also imposed conditions regarding cooperation with the trial, non‑tampering with evidence or witnesses, and verification of criminal antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite the multiple serious IPC charges.
- Whether the allegations in the FIR are false and constitute a counter‑case arising from a land dispute.
- Whether the conditions prescribed under Section 482(2) of the CrPC are satisfied for granting bail.
Legislation cited
- Code of Criminal Procedure — s. 482
- Indian Penal Code — s. 110, 115, 118, 126, 303, 351, 352
Subjects
- bail
- Indian Penal Code
- Criminal Procedure Code
- Section 482
- land dispute
- false implication
- simple injury
- counter case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86711 of 2025
Arising Out of PS. Case No.-166 Year-2025 Thana- BAHERI District- Darbhanga
======================================================
Mishra Sah @ Deepak Sah, S/O Ishki Sah @ Isaki Sah, R/O Village- Havidih,
P.S.- Baheri, District- Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Baidyanath Prasad, Advocate
For the Opposite Party/s : Mr. Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 08-01-2026 Heard Mr. Baidyanath Prasad, learned counsel for the
petitioner and Mr. Shyam Kumar Singh, learned Additional
Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Baheri P.S. Case No. 166 of 2025, F.I.R. dated
04.05.2025 for the offences punishable under Sections 126(2),
115(2), 118(1), 110, 303(2), 351(2), 352, 3(5) of the BNS.
3. According to prosecution case, all the accused
persons along with three unknown persons armed with weapons
assaulted the father-in-law of the informant while he was
returning home through disputed single pathway. It is alleged
that the petitioner assaulted her father-in-law on his head with
iron rod causing him head injury.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.86711 of 2025(2) dt.08-01-2026
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petitioner has clean antecedent and he has been falsely
implicated in the present case. The allegation as alleged in the in
the F.I.R. is false and fabricated and the petitioner has not
committed any offence as alleged in the F.I.R. It appears from
the F.I.R, that due to land dispute alleged occurrence took place
and the present case is a counter blast of the Baheri P.S. Case
No. 163 of 2025 although the injury report suggests injury of
one Dukhi Mukhiya is simple in nature caused by hard and
blunt substance.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
that petitioner has clean antecedent and there is case and counter
case between the parties, injury inflicted upon injured person is
simple in nature, let the petitioner, above named, in the event of
his arrest or surrender before the court below within a period of
thirty days from the date of receipt of the order, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned A.C.J.M.-VII, Darbhanga in connection with Baheri
P.S. Case No. 166 of 2025, subject to the conditions as laid
down under Section 482(2) of the Code of Criminal Procedure
Patna High Court CR. MISC. No.86711 of 2025(2) dt.08-01-2026
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and with other following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that 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 bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
khushbu/-
U T
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