Patna High Court
Sushil MishraversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court granted regular bail to the petitioner, subject to a bond and sureties.
Summary
The petitioner, Sushil Mishra, was charged under Sections 126(2), 115(2), 118(1), 109 and 352 of the B.N.S. for allegedly assaulting the father of an informant with a knife after a monetary dispute. The petitioner claimed innocence, stating he was also injured in a counter‑case and had no prior criminal record, having been in judicial custody since 26‑10‑2025. The State opposed bail, citing the seriousness of the offences. The Court examined the facts, the nature of the allegations, the petitioner’s custody period, and the absence of any risk of evidence tampering or absconding. It ordered that the petitioner be released on regular bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Chief Judicial Magistrate, Saran.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seriousness of the offences under the B.N.S.
- Whether there is a likelihood of the petitioner tampering with evidence or absconding.
Legislation cited
- B.N.S. — s. 109, 115(2), 118(1), 126(2), 352
Subjects
- regular bail
- criminal procedure
- B.N.S.
- assault
- kidnapping
- evidence tampering
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9457 of 2026
Arising Out of PS. Case No.-112 Year-2025 Thana- CHAPRA TOWN District- Saran
======================================================
Sushil Mishra S/o- Late Shankar Mishra R/v- Dahiawan Tola P.S.- Town
Thana Dist- Saran at Chhapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajiv Ranjan Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Rajendra Nath Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks regular bail in connection with
Chapra Town P.S. Case No. 112 of 2025 for the offences
registered under Sections 126(2), 115(2), 118(1), 109 & 352 of
the B.N.S.
3. As per the prosecution case, on 09.03.2025 when
the father of informant went to demand his money back from
the petitioner, he abused the father of informant and assaulted
with knife causing injury to him.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in this
case. There is case and counter case between the parties in
which petitioner was also badly injured. Petitioner has no
Patna High Court CR. MISC. No.9457 of 2026(2) dt.17-02-2026
2/2
criminal antecedent. He is in judicial custody since 26.10.2025.
Charge-sheet has already been submitted. There is no chance of
tampering with the evidence or absconding of the petitioner.
5. Learned counsel appearing on behalf of the State
opposes the prayer for grant of bail to the petitioner.
6. Considering the submissions made on behalf of the
parties, facts and circumstances of the case, nature of allegation
and period of custody undergone, let the petitioner, named
above, be enlarged on bail upon furnishing bail bond of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned Chief Judicial Magistrate,
Saran at Chapra in connection with Chapra Town P.S. Case No.
112 of 2025.
(Sunil Dutta Mishra, J.)
rakhi/-
U T
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