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Patna High Court

Laxmikant MishraversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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