Patna High Court
Akhilesh Mishra @ Akhlesh Mishra @ Akhilesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted bail to the petitioner subject to a bond and sureties, under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioner, Akhilesh Mishra, applied for bail after the police alleged his involvement in a violent incident on 10 March 2025 where a motorcycle was snatched and the informant was assaulted with a pistol and iron rod. The prosecution charged him under multiple sections of the Bharatiya Nagarik Suraksha Sanhita (B.N.S.) and Section 27 of the Arms Act, asserting that he participated in the assault. The petitioner contended that he was not named in the FIR, that his presence at the scene was the only material against him, and that he did not partake in the alleged offences. The State opposed the bail, arguing the seriousness of the charges. The court, after considering the facts, the material on record, and the provisions of Section 482(2) of the B.N.S., ordered that bail be granted on the condition of a Rs.10,000 bond with two sureties, provided the petitioner surrenders within eight weeks.
Issues considered
- Whether the petitioner is entitled to bail despite the serious charges under the B.N.S. and the Arms Act
- Whether the conditions under Section 482(2) of the B.N.S. justify the grant of bail
Legislation cited
- Arms Act — s. 27
- Bharatiya Nagarik Suraksha Sanhita — s. 109(1), 115(2), 126(2), 303(2), 303(3), 308(3), 3(5), 351(2), 352, 482(2)
Subjects
- bail
- criminal procedure
- B.N.S.
- Arms Act
- section 482
- serious offences
- pre‑trial liberty
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88311 of 2025
Arising Out of PS. Case No.-20 Year-2025 Thana- RS P.S. District- Madhubani
======================================================
Akhilesh Mishra @ Akhlesh Mishra @ Akhilesh Kumar S/o Bhawan Kumar
Mishra R/o Village- Ward no.7, Lohana, PS- Bhairabasthan, District-
Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar Bharti , Advocate
For the Opposite Party/s : Mr. Ram Priya Sharan Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 10-02-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under sections 126(2), 115(2),
109(1), 308(3), 303(3), 303(2), 352, 351(2) and 3(5) of the
B.N.S. and Section 27 of the Arms Act.
3 . As per prosecution case, on 10.03.2025 at about 9
PM, all the F.I.R. named accused persons along with 10-12
Patna High Court CR. MISC. No.88311 of 2025(2) dt.10-02-2026
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unknown persons, on the point of pistol and iron rod, snatched
motorcycle of informant and abused and assaulted informant
and on protest, this petitioner, along with co-accused Raju Jha
assaulted informant with butt of pistol as a result of which he
sustained head injuries. It is further alleged that accused persons
also assaulted him with iron rod and slaps.
4. It is submitted on behalf of the petitioner that
petitioner is innocent and has committed no offence as alleged.
Petitioner is not named in the F.I.R. The name of the petitioner
transpired during course of investigation on the disclosure made
by co-accused persons. It is further submitted that only material
that has come against this petitioner that he was also present at
the place of occurrence and there is no allegation that this
petitioner participated in the alleged occurrence .
5 . Learned counsel for the State opposed the bail
petition .
6 Considering the aforesaid facts, materials available
on record and other circumstances of the case , in the event of
arrest or surrender within eight weeks from today, let the
petitioner, as named above, 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 the learned Additional
Patna High Court CR. MISC. No.88311 of 2025(2) dt.10-02-2026
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Chief Judicial Magistrate – I Jhanjharpur, District- Madhubani
in connection with Jhanjharpur RS P.S. Case No. 20 of 2025 ,
subject to the conditions laid down under section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita , 2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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