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Patna High Court

Vidyanand MishraversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, subject to a bail bond and specified conditions.

Summary

Vidyanand Mishra was arrested in connection with a case alleging assault on his brother, the informant, using an iron rod and iron mushal, resulting in head injuries. The petitioner claimed he was falsely implicated, asserting the incident was a mutual fight stemming from a family dispute over a passage, and that both parties sustained injuries. The State opposed bail, emphasizing the specific allegation of a serious assault causing a fracture. The court considered the charge sheet, the petitioner’s custody period, his prior bail case, and the familial relationship, and applied Section 480(3) of the BNSS. It ordered the release of the petitioner on bail of Rs.10,000 with two sureties and imposed conditions including presence in court and a relative as a bailor. The bail was granted subject to compliance with the stipulated conditions.

Issues considered

  • Whether bail should be granted to the accused under Section 480(3) of the BNSS given the nature of the alleged offences and the petitioner’s prior case.

Legislation cited

  • BNS — s. 109(1), 115(2), 117(2), 126(2), 303(2), 324(4), 326(f), 326(g), 3(5), 480(3), 62, 74

Subjects

  • bail
  • assault
  • criminal procedure
  • Section 480
  • family dispute
  • false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.916 of 2026
                  Arising Out of PS. Case No.-473 Year-2025 Thana- BAHADURPUR District- Darbhanga
                 ======================================================
                 Vidyanand Mishra, S/O Ramesh Chandra Mishra, R/O Village-Darhar, P.S-
                 Bahadurpur, District -Darbhanga

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Girish Chandra Jha, Advocate
                 For the Opposite Party/s :     Mr.Anand Kishore Choudhary,, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   15-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. In the present case, the petitioner seeks bail in

                   connection with Bahadurpur P.S. Case No. 473 of 2025,

                   registered for the alleged offences under Sections 126(2),

                   115(2), 117(2), 109(1), 324(4), 326(f), 326(g), 62, 303(2), 74,

                   3(5) of BNS, 2023.

                                3. As per prosecution case, the petitioner and other co-

                   accused persons assaulted the informant with iron rod and iron

                   mushal causing injury to him. The informant received an injury

                   on his head.

                                4. The learned counsel for the petitioner submits that

                   the petitioner is innocent and has been falsely implicated in this

                   case. The petitioner and the informant are brothers and there is
Patna High Court CR. MISC. No.916 of 2026(2) dt.15-01-2026
                                            2/3




          dispute over passage between them. For the same occurrence,

          the petitioner’s side has lodged Bahadurpur P.S. Case No.474 of

          2025 in which the daughter of the petitioner has received serious

          injuries. The petitioner and the informant both are office clerks

          of learned Advocates in Darbhanga Civil Court. The informant

          sustained only simple/superficial injuries and no offence under

          Section 109 BNS is made out. It is a case of free fight in which

          both the sides received injuries. The petitioner is in custody

          since 23.11.2025 and charge sheet has been submitted. The

          petitioner is having antecedent of one case in which he is on

          bail.

                        5. Learned APP vehemently opposes the submission

          made on behalf the petitioner. The learned APP submits that

          there is specific allegation against the petitioner that he

          assaulted the informant by using iron mushal causing fracture of

          his head.

                       6. Having regard to the facts and circumstances and

          submission made on behalf of the parties and considering the

          case and counter case of the parties and relationship and further

          considering the submission of charge sheet and period of

          custody of the petitioner, he is directed to be released on bail on

          furnishing bail bond of Rs. 10,000/- (ten thousand) with two
           Patna High Court CR. MISC. No.916 of 2026(2) dt.15-01-2026
                                                       3/3




                     sureties of the like amount each to the satisfaction of learned

                     Additional Chief Judicial Magistrate-IX, Darbhanga/court

                     concerned, in connection with Bahadurpur P.S. Case No. 473 of

                     2025, subject to the conditions mentioned in Section 480 (3) of

                     BNSS and also the following conditions :

                                   (i) One of the bailors will be a close relative of

                                   the petitioner.

                                   (ii) The petitioner will remain present on each

                                   and every date fixed by the court below.

                                   (iii) In case of absence on three consecutive

                                   dates or in violation of the terms of the bail,

                                   the bail bond of the petitioner will be liable to

                                   be cancelled by the court concerned.



                                                        (Arun Kumar Jha, J)
V.K.Pandey/-

U      T


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