Patna High Court

Dhiraj Mishra @ Dhiraj Kumar MishraversusThe State of Bihar

Decided: 15 January 2026
Disposal: BAIL REJECTED
Bench: ALOK KUMAR SINHA

Holding

The court held that anticipatory bail could not be granted because of the seriousness of the alleged assault, the petitioner’s prior criminal antecedents and the unexplained delay in filing the FIR.

Summary

The petitioner, Dhiraj Mishra, was implicated in an assault case where he allegedly attacked an informant with an iron rod and a pistol butt, causing injuries, following a land dispute. He applied for anticipatory bail, claiming innocence and highlighting a two‑day delay in filing the FIR and that the injuries were simple. The State opposed the bail, emphasizing the seriousness of the assault, the petitioner’s four prior criminal antecedents, and the unexplained FIR delay. The court examined the nature of the offences under the Bhartiye Nyay Sanhita and the petitioner’s criminal history. Concluding that the allegations were grave and the antecedents material, the court declined to grant anticipatory bail. The anticipatory bail application was therefore rejected.

Issues considered

Whether anticipatory bail should be granted to the petitioner given the seriousness of the alleged assault and his prior criminal antecedents.
Whether the delay in filing the FIR affects the grant of anticipatory bail.

Subjects

anticipatory bail
assault
criminal antecedents
FIR delay
bailable offences
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91933 of 2025
                   Arising Out of PS. Case No.-203 Year-2025 Thana- NOWKOTHI GARHPURA District-
                                                         Begusarai
                 ======================================================
                 Dhiraj Mishra @ Dhiraj Kumar Mishra S/o- Ramanand Mishra R/V-
                 Chhatauna PS- Nawkothi Dist- Begusarai
                                                                               ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Nakul Kumar Jamuar, Adv.
                 For the Opposite Party/s :     Mr.Ram Sumiran Rai, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                                ORAL ORDER


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

                   APP for the State.

                                 2. The petitioner apprehends his arrest in connection

                   with Nawkothi P.S. Case No.203 of 2025 registered for the

                   offence under Sections 126(2), 115(2), 109, 232, 303(2), 352,

                   351(2), 351(3), 3(5) of Bhartiye Nyay Sanhita.

                                 3. As per prosecution case, on 25.09.2025 at about

                   06:30 PM, the informant went to Chhatauna Thakurbadi to

                   distribute sacred food. In the meantime, two F.I.R named

                   accused persons including petitioner came to the informant and

                   accused Rupesh Kumar Videshiya abused the informant and
Patna High Court CR. MISC. No.91933 of 2025(2) dt.15-01-2026
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          started assaulting him with butt of pistol with intention to kill

          him. Accused Dhiraj Mishra indiscriminately assaulted the

          informant with iron rod and snatched Hanumani from the

          informant's neck. On hulla they fled and threatened the

          informant to be killed. Accordingly, the FIR.

                       4. Learned counsel for the petitioner submits that

          petitioner is innocent and has committed no offence and has

          falsely been implicated in this case due to land dispute and

          previous enmity. Learned counsel for the petitioner further

          submits that occurrence took place on 25.09.2025, but the FIR

          was lodged on 26.09.2025 and the learned Chief Judicial

          Magistrate seen the FIR on 27.09.2025, delay of about two days

          and neither the police nor the informant have given the

          sufficient explanation of this delay. Further submits that the

          injury was found simple in nature of the informant and also

          submits that the Section in which the FIR has been lodged,

          several section of BNS are bailable.

                       5. The learned APP opposes the anticipatory bail

          application.

                       6. Considering the fact the petitioner has four criminal

          antecedents which have been described in paragraph-3 of the

          application and the fact these antecedents were suppressed by
          Patna High Court CR. MISC. No.91933 of 2025(2) dt.15-01-2026
                                                      3/3




                    the petitioner while moving the anticipatory bail application

                    before the court below and also given the fact that there is

                    serious allegation against the petitioner of assaulting the

                    informant with iron rod which has caused multiple injury, this

                    Court is not inclined to grant anticipatory bail to the petitioner.

                                 7. Accordingly, the anticipatory bail application is

                    rejected.


                                             (Alok Kumar Sinha, J)

Prakash Narayan
U      T

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