Patna High CourtCR. MISC./8899/2026bail granted

Sanjeev Kumar Mishra v. The State Of Bihar

2026-04-27Mr. Justice Anil Kumar Sinha4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8899 of 2026 Arising Out of PS. Case No.-474 Year-2025 Thana- BAHADURPUR District- Darbhanga ====================================================== 1.

SANJEEV KUMAR MISHRA S/O RAMESH CHANDRA MISHRA R/O Village- Darhar Mishritol, Ward No. 12, P.s.- Bahadurpur, DistrictDarbhanga 2.

ABHISHEK KUMAR MISHRA S/O SANJEEV KUMAR MISHRA R/O Village- Darhar Mishritol, Ward No. 12, P.s.- Bahadurpur, DistrictDarbhanga 3.

RUBI DEVI W/O SANJEEV KUMAR MISHRA R/O Village- Darhar Mishritol, Ward No. 12, P.s.- Bahadurpur, District- Darbhanga 4.

KHUSHI KUMARI D/O SANJEEV KUMAR MISHRA R/O VillageDarhar Mishritol, Ward No. 12, P.s.- Bahadurpur, District- Darbhanga ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar Sinha For the Opposite Party/state:

Mrs. Usha Kumari 1 For the informant :

Mr. G.C. Jha, Adv.

Mr. Ashish, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-04-2026

1. Heard the parties.

2. The petitioners apprehend their arrest in connection with Bahadurpur P.S. Case No. 474 of 2025 dated 25.10.2025 registered under Section 126(2), 115(2), 117(2), 109(1), 324(4), 62, 303(2), 74, 3(5), 352 B.N.S. 2023.

3. As per the F.I.R. on 25.10.2025 at about 7 A.M. in

2/4 the morning the petitioners armed with various weapons came in the courtyard of the informant and started damaging his Scooty. It is further alleged that when the informant objected, then Sanjeev Mishra ordered to kill, upon which, the petitioner no. 2 -Abhishek Kumar Mishra gave iron rod blow over his head due to which informant sustained head injury and blood started oozing out. Thereafter, the petitioner no. 1- Sanjeev Kumar Mishra and one Nitish Kumar Mishra gave iron rod blow over the informant. On alarm raised by the informant, the wife of informant Bhawani Devi and his daughter Saumya Kumari came to save him, then, Nitish Kumar Mishra gave 'Khanti' blow over the head of Saumya Kumari. Thereafter, the petitioner no. 3 - Ruby Devi assaulted informant's wife with stone on her head.

4. Learned counsel for the petitioners submits that petitioners are innocent and they have not committed any offence in the manner alleged. The petitioner no. 1 (Sanjeev Kumar Mishra) and the informant of the present case are full brothers and due to property dispute this false case has been lodged against the petitioners. The petitioner nos. 2, 3 & 4 are son, wife and daughter respectively of the petitioner no. 1. The present case is a counter blast of Bahadurpur P.S. Case No. 473

3/4 of 2025 lodged under Sections 126(2), 115(2), 117(2), 109(1), 324(4), 326(f), 326(g), 62, 303(2), 74, 3(5) of the B.N.S. lodged by the petitioner no. 1 Sanjeev Kumar Mishra against the informant and others for an offence relating to assault upon his mother. He next submits that the petitioner nos. 2 & 4 are students which gets reflected from the statement made in paragraph no. 14 of the application. The injuries caused to the informant, his wife and daughter are simple in nature.

5. On the other hand, learned counsel for the informant vehemently opposed the prayer for anticipatory bail and submits that there is direct allegation against the petitioners of inflicting injuries to the informant, his wife and daughter.

6. Regard being had to the submission made by the parties, taking into consideration the fact that there is family dispute between the parties relating to property, there is case and counter case and the injuries are simple in nature, accordingly, I am inclined to grant anticipatory bail to the petitioners.

7. Let the petitioners, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of

4/4 C.J.M., Darbhanga in connection with Bahadurpur P.S. Case No. 474 of 2025 subject to the condition as laid down under Section 482 (2) of the B.N.S.S. 2023.

(Anil Kumar Sinha, J) praful/- U T