Patna High Court
Anil Mishra @ Anil Kumar Mishra @ Anil KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The Court granted bail to the petitioners subject to a Rs.10,000 bond and two sureties, invoking Section 438(2) CrPC and Section 482 BNSS.
Summary
Anil Mishra and Samlata Mishra filed an application fearing arrest in connection with PS Mehsai Case No.215 of 2025, which alleged assault under several sections of the BNS, 2023. The prosecution alleged that the petitioners assaulted the victim, causing simple injury. The petitioners contended that they were falsely implicated and pleaded innocence. They sought bail to avoid detention while the case proceeds. The High Court, after hearing counsel, allowed the application and ordered that the petitioners be released on bail upon furnishing a Rs.10,000 bond with two sureties, subject to the conditions of Section 438(2) of the CrPC and Section 482 of the BNSS. The order was directed to be implemented by the Court of Judicial Magistrate, East Champaran.
Issues considered
- Whether the petitioners are entitled to bail under Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482 of the BNSS in respect of the offences alleged in PS Mehsai Case No.215 of 2025?
Legislation cited
- BNS, 2023 — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352, 76
- BNSS — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- anticipatory bail
- Criminal Procedure
- Section 438
- Section 482
- assault
- Bihar High Court
- BNS 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88560 of 2025
Arising Out of PS. Case No.-215 Year-2025 Thana- MEHSI District- East Champaran
======================================================
1. Anil Mishra @ Anil Kumar Mishra @ Anil Kumar S/o Late Jabir Mishra @
Jaibir Mishra Resident of Village - Ghariyari Chak / Ghariyali Chak, Ward
No. 3, P.S - Mehasi, District - East Champaran
2. Samlata Mishra @ Shyamlata Mishra @ Samlata Mishra @ Shymlata Devi
W/o Anil Mishra @ Anil Kumar Mishra Resident of Village - Ghariyari
Chak / Ghariyali Chak, Ward No. 3, P.S - Mehasi, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kundan Rathore @ Kundan Kumar
For the Opposite Party/s : Mr. Md. Fahimuddin
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners apprehend their arrest in
connection with Mehasi P.S. Case No. 215 of 2025 registered
for the offence under Sections 126(2), 115(2), 118(1), 303(2),
109, 76, 352, 351(2), 3(5) of the BNS, 2023.
3. As per the prosecution case, the petitioners are
said to have assaulted the victim.
4. It has been submitted by the learned counsel for
the petitioners that the petitioners are innocent and they have
falsely been implicated in this case. He further submits that the
petitioner no. 01 is said to have assaulted the victim causing
Patna High Court CR. MISC. No.88560 of 2025(2) dt.15-01-2026
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simple injury to him and petitioner no. 02 is a woman.
5. Considering the aforesaid facts, this application
is allowed.
6. Let the petitioners, above named, in the event of
their arrest or surrender before the concerned Court below
within four weeks from today, 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 Court of
CJM, East Champaran, Motihari/concerned Court below in
connection with Mehasi P.S. Case No. 215 of 2025, subject to
the conditions laid down in Section 438(2) of the Code of
Criminal Procedure, 1973 / Section 482 of the BNSS.
(Sandeep Kumar, J)
Vikas/-
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