Patna High Court

SANJEEV KUMAR MISHRAversusTHE STATE OF BIHAR

Decided: 27 April 2026
Disposal: BAIL GRANTED
Bench: ANIL KUMAR SINHA

Holding

The Court held that, given the family dispute, counter‑case and the simple injuries, anticipatory bail may be granted to the petitioners under Section 482(2) of the B.N.S.S. 2023.

Summary

The petitioners—Sanjeev Kumar Mishra, his son Abhishek Kumar Mishra, wife Ruby Devi and daughter Khushi Kumari—sought anticipatory bail fearing arrest in connection with PS case No. 474 of 2025, wherein they were alleged to have assaulted an informant, his wife and daughter with iron rods and stones, causing simple injuries. The petitioners contended that the case was false, arising from a property dispute with the informant, who is Sanjeev's brother, and that a counter‑case had already been filed against the informant. The State opposed the bail, arguing that the allegations constitute serious offences. The Court, noting the family/property dispute, the reciprocal litigation, and the minor nature of the injuries, exercised its power under Section 482(2) of the B.N.S.S. 2023 and granted anticipatory bail subject to a bond and sureties. The order directs that the bail be effective for four weeks from the date of the order, pending surrender or arrest.

Issues considered

Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the B.N.S.S. 2023 in view of the alleged offences.
Whether the family/property dispute and the simple nature of injuries justify the grant of bail despite the seriousness of the charges.

Legislation cited

B.N.S., 2023 — s. 109(1), 115(2), 117(2), 126(2), 303(2), 324(4), 326(f), 326(g), 3(5), 352, 62, 74
B.N.S.S., 2023 — s. 482(2)

Subjects

anticipatory bail
assault
family dispute
property dispute
Section 482
simple injuries
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.8899 of 2026
                  Arising Out of PS. Case No.-474 Year-2025 Thana- BAHADURPUR District- Darbhanga
                 ======================================================
           1.     SANJEEV KUMAR MISHRA S/O RAMESH CHANDRA MISHRA R/O
                  Village- Darhar Mishritol, Ward No. 12, P.s.- Bahadurpur, District-
                  Darbhanga
           2.    ABHISHEK KUMAR MISHRA S/O SANJEEV KUMAR MISHRA R/O
                 Village- Darhar Mishritol, Ward No. 12, P.s.- Bahadurpur, District-
                 Darbhanga
           3.    RUBI DEVI W/O SANJEEV KUMAR MISHRA R/O Village- Darhar
                 Mishritol, Ward No. 12, P.s.- Bahadurpur, District- Darbhanga
           4.    KHUSHI KUMARI D/O SANJEEV KUMAR MISHRA R/O Village-
                 Darhar Mishritol, Ward No. 12, P.s.- Bahadurpur, District- Darbhanga


                                                                                ... ... Petitioner/s
                                                        Versus
                 THE STATE OF BIHAR


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :

                 For the Petitioner/s     :        Mr.Alok Kumar Sinha

                 For the Opposite Party/state:     Mrs. Usha Kumari 1

                 For the informant        :        Mr. G.C. Jha, Adv.

                                                   Mr. Ashish, Adv.

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

3   27-04-2026                   1. Heard the parties.

                                 2. The petitioners apprehend their arrest in connection

                   with Bahadurpur               P.S. Case       No. 474 of 2025 dated

                   25.10.2025 registered under Section 126(2), 115(2), 117(2),

                   109(1), 324(4), 62, 303(2), 74, 3(5), 352 B.N.S. 2023.

                                 3. As per the F.I.R. on 25.10.2025 at about 7 A.M. in
Patna High Court CR. MISC. No.8899 of 2026(3) dt.27-04-2026
                                            2/4




          the morning the petitioners armed with various weapons came

          in the courtyard of the informant and started damaging his

          Scooty. It is further alleged that when the informant objected,

          then Sanjeev Mishra ordered to kill, upon which, the petitioner

          no. 2 -Abhishek Kumar Mishra gave iron rod blow over his

          head due to which informant sustained head injury and blood

          started oozing out. Thereafter, the petitioner no. 1- Sanjeev

          Kumar Mishra and one Nitish Kumar Mishra gave iron rod blow

          over the informant. On alarm raised by the informant, the wife

          of informant Bhawani Devi and his daughter Saumya Kumari

          came to save him, then, Nitish Kumar Mishra gave ‘Khanti’

          blow over the head of Saumya Kumari. Thereafter, the petitioner

          no. 3 - Ruby Devi assaulted informant’s wife with stone on her

          head.

                       4. Learned counsel for the petitioners submits that

          petitioners are innocent and they have not committed any

          offence in the manner alleged. The petitioner no. 1 (Sanjeev

          Kumar Mishra) and the informant of the present case are full

          brothers and due to property dispute this false case has been

          lodged against the petitioners. The petitioner nos. 2, 3 & 4 are

          son, wife and daughter respectively of the petitioner no. 1. The

          present case is a counter blast of Bahadurpur P.S. Case No. 473
Patna High Court CR. MISC. No.8899 of 2026(3) dt.27-04-2026
                                            3/4




          of 2025 lodged under Sections 126(2), 115(2), 117(2), 109(1),

          324(4), 326(f), 326(g), 62, 303(2), 74, 3(5) of the B.N.S. lodged

          by the petitioner no. 1 Sanjeev Kumar Mishra against the

          informant and others for an offence relating to assault upon his

          mother. He next submits that the petitioner nos. 2 & 4 are

          students which gets reflected from the statement made in

          paragraph no. 14 of the application. The injuries caused to the

          informant, his wife and daughter are simple in nature.

                       5. On the other hand, learned counsel for the

          informant vehemently opposed the prayer for anticipatory bail

          and submits that there is direct allegation against the petitioners

          of inflicting injuries to the informant, his wife and daughter.

                       6. Regard being had to the submission made by the

          parties, taking into consideration the fact that there is family

          dispute between the parties relating to property, there is case and

          counter case and the injuries are simple in nature, accordingly, I

          am inclined to grant anticipatory bail to the petitioners.

                       7. Let the petitioners, above named, be released on

          anticipatory bail in the event of arrest or surrender before the

          court below within a period of four weeks from today on

          furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each

          with two sureties of the like amount each to the satisfaction of
               Patna High Court CR. MISC. No.8899 of 2026(3) dt.27-04-2026
                                                           4/4




                         C.J.M., Darbhanga in connection with Bahadurpur P.S. Case

                         No. 474 of 2025 subject to the condition as laid down under

                         Section 482 (2) of the B.N.S.S. 2023.



                                                  (Anil Kumar Sinha, J)
praful/-

U          T

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