Patna High Court
Ramakant MishraversusThe 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, Ramakant Mishra, sought bail after being implicated in a case (PS No. 264 of 2025) alleging multiple offences under the Bharatiya Nagarik Suraksha Sanhita, including assault and outraging modesty. The prosecution alleged that the petitioner and co‑accused assaulted the informant's husband and son and attempted to outrage the informant's modesty. The petitioner contended he was innocent, asserting that specific allegations of assault were directed only at other accused and that no overt act was attributed to him, and he highlighted his clean antecedent. The informant opposed bail. The court, noting the petitioner’s clean antecedent and the lack of specific incriminating acts against him, ordered bail on the condition of a Rs.10,000 bond with two sureties, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether the petitioner is entitled to bail in the pending criminal case under the Bharatiya Nagarik Suraksha Sanhita.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109(1), 115(2), 126(2), 190, 191(2), 303(2), 324(4), 351(2), 352, 482(2), 76
Subjects
- bail
- criminal procedure
- assault
- outraging modesty
- clean antecedent
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88398 of 2025
Arising Out of PS. Case No.-264 Year-2025 Thana- KAKO District- Jehanabad
======================================================
Ramakant Mishra Son of Rajdev Mishra R/o Village - Ramdani, P.S. - Kako,
Dist. - Jehanabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Umesh Kumar , Advocate
For the Opposite Party/s : Mr. Anil Kumar Singh No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 10-02-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and the State .
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under sections 191(2), 190, 126(2),
115(2), 109(1), 76, 324(4), 303(2), 352 and 351(2) of the BNS.
3 . The prosecution case , in brief, is that all the
accused persons including the petitioner have assaulted the
husband and son of the informant. It is further alleged that they
also tried to outrage the modesty of the informant.
4. It is submitted on behalf of the petitioner that
petitioner is innocent and has committed no offence as alleged.
Specific accusation of assault is against Deepak Mishra, Sintu
Yadav and Kedar Yadav . Allegation is general and omnibus
against this petitioner. No specific overt act is alleged against
Patna High Court CR. MISC. No.88398 of 2025(2) dt.10-02-2026
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him. Petitioner claims clean antecedent.
5 . Learned counsel for the informant opposes the bail
petition .
6. Considering the aforesaid facts, clean antecedent
of the petitioner 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 Sub
Divisional Judicial Magistrate, Jehanabad in connection with
Kako (Bhelwar) P.S. Case No. 264 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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