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Patna High Court

Muskan Mishra @ Priyanshu MishraversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner subject to the stipulated conditions.

Summary

The petitioner, Muskan Mishra (also known as Priyanshu Mishra), sought anticipatory bail fearing arrest in a case registered under Sections 341, 342, 323, 324, 307, 504 and 506/34 of the Indian Penal Code. The FIR alleged that the petitioner, together with co‑accused Rohit Giri, assaulted an informant’s neck with a knife, causing a simple injury as per the medical report. The State opposed the bail application. The Patna High Court, after considering the nature and seriousness of the injury, granted anticipatory bail on the condition that the petitioner surrenders within eight weeks, furnishes a bail bond of Rs 10,000 with two sureties, and complies with the provisions of Section 438(2) of the Criminal Procedure Code and Section 482 of the B.N.S.S., 2023. The order was pronounced by Justice Prabhat Kumar Singh.

Issues considered

  • Whether anticipatory bail should be granted in a case involving assault with a knife and multiple IPC offences.
  • Whether the conditions imposed under Section 438(2) CrPC and Section 482 of the B.N.S.S., 2023 are appropriate.

Legislation cited

Subjects

  • anticipatory bail
  • Indian Penal Code
  • Criminal Procedure Code
  • assault
  • bail conditions
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87916 of 2025
                    Arising Out of PS. Case No.-486 Year-2023 Thana- MOTIHARI TOWN District- East
                                                       Champaran
                 ======================================================
                 Muskan Mishra @ Priyanshu Mishra S/o Jwalakant Mishra @ Jwalakanta
                 Mishra Resident of Village - Gayatri Nagar, P.S - Town, District - East
                 Champaran

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Kamala Kant Tiwary
                 For the Opposite Party/s :      Mr.Abhay Kumar Roy
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   10-02-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence under Sections 341, 342, 323, 324,

                   307, 504, 506/34 of the I.P.C.

                                3. As per F.I.R., this petitioner along with co-accused

                   Rohit Giri assaulted on the neck of informant with knife. Doctor

                   has found the injury simple in nature.

                                4. Learned A.P.P. for the State has opposed the prayer

                   for anticipatory bail.

                                5. Considering the nature of injury, 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
           Patna High Court CR. MISC. No.87916 of 2025(2) dt.10-02-2026
                                                       2/2




                     bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the

                     like amount each to the satisfaction of learned Chief Judicial

                     Magistrate, Motihari in connection with Town P.S. Case No. 486

                     of 2023, subject to condition as laid down under Section 438(2)

                     of the Cr.P.C. / Section 482 of the B.N.S.S., 2023.



                                               (Prabhat Kumar Singh, J)
anay

U      T


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