Patna High Court
Laxmikant MishraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Bail was granted to the petitioner subject to a bond of Rs.10,000 and two sureties.
Summary
Laxmikant Mishra, arrested in a case under Sections 69, 108 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, applied for regular bail, asserting a clean antecedent and false implication as the elder brother of Suraj. He had been in custody since 12-11-2025 and a charge‑sheet had been filed. The petitioner relied on a prior bail order granted to his mother, Indu Mishra, in a similar case (Cr. Misc No. 90697 of 2025) on 11-3-2026. The State opposed the bail. Considering the petitioner's circumstances, the earlier bail order, and the merits of the case, the Court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the petitioner under Sections 69, 108 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
- Whether the earlier bail order in a similar case involving the petitioner’s mother is determinative for granting bail to the petitioner.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 108, 3(5), 69
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- false implication
- clean antecedent
- surety
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91007 of 2025
Arising Out of PS. Case No.-40 Year-2025 Thana- KUCHAIKOTE District- Gopalganj
======================================================
Laxmikant Mishra Son of Harendra Mishra Resident of Village- Dayaram
Mathiya, P.S.- Kuchaikote, District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rakesh Kumar Pandey, Advocate
Ms. Sushmita Mishra, Advocate
For the Opposite Party/s : Mr.Raj Ballabh Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 11-03-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 69, 108 and 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and is in custody
since 12-11-2025 and charge-sheet has been submitted. It is next
submitted that petitioner has been falsely implicated in the
instant case being elder brother of Suraj. It is further submitted
that mother of Suraj, namely, Indu Mishra, had approached this
Court seeking regular bail by filing Cr. Misc No. 90697 of 2025
and the same came to be allowed by an order dated 11-3-2026.
Patna High Court CR. MISC. No.91007 of 2025(2) dt.11-03-2026
2/2
It is submitted that case of the petitioner is similar to the case of
Indu Mishra. It is also submitted that this Court while granting
bail to Indu Mishra had considered the case in detail and on
merit.
4. Learned APP opposes the prayer for bail of the
petitioner.
5. Considering the submission made by learned
counsel for the petitioner and also taking into consideration the
order dated 11-3-2026 in Cr. Misc No. 90697 of 2025, let the
petitioner above named be released on bail on furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of the learned trial
court where the case is pending/successor court in connection
with Kuchaikote PS Case No.40 of 2025.
(Satyavrat Verma, J)
Sumit/-
U T
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