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Patna High CourtCR. APP (SJ)/491/2026allowed

Brijkishore Mishra v. The State Of Bihar

2026-07-16Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.491 of 2026 Arising Out of PS. Case No.-371 Year-2025 Thana- VIJAYEPUR District- Gopalganj ====================================================== BRIJKISHORE MISHRA S/o Srikishan Mishra Resident of Vill- Madar Khas, P.S- Vijaipur, Dist- Gopalganj ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Sunil Ram S/o Shyam Bali Ram R/o vill - Madar Khas, P.S.- Vijaipur, Distt.- Gopalganj ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Umesh Kumar Singh, Advocate For the Respondent/s :

Ms.Usha Kumari 1, Special PP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-07-2026

1. Heard learned counsel for the appellant and learned Special P.P. for the State, Ms. Usha Kumari No. 1.

2. This is an appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the "SC/ST Act") against the refusal of prayer for anticipatory bail vide order dated 20.01.2026 in A.B.P. No. 163 of 2026 passed by the learned District and Additional Sessions Judge, XI cumSpecial Judge S.C./S.T. (POA) Act, Gopalganj in connection with Vijaipur P.S. Case No. 371 of 2025 registered for the offences punishable under Sections 126(2), 115(2), 303(2), 352, 351(2) and 3(5) of the Bhartatiya Nyaya Sanhita, 2023 as well as Sections 3(1)(r), 3(1)(s) of the SC/ST Act.

Patna High Court CR. APP (SJ) No.491 of 2026(3) dt.16-07-2026 2/3

3. Learned counsel appearing on behalf of the informant that appellant has antecedent of one case, but then the said case was a complaint case, it is next submitted that Ajay Mishra had approached this Court seeking anticipatory bail by filing Criminal Appeal SJ No. 472 of 2026 and the same came to be allowed by an order dated 16.07.2026 thus the appellant based on parity seeks anticipatory bail.

5. Learned Special P.P. for the State and learned counsel appearing on behalf of the informant opposes the appeal.

6. In view of the submissions by the learned counsel for the appellant and taking into consideration, the order dated 20.01.2026 in Criminal Appeal SJ No. 472 of 2026 is hereby set aside and the appellant above-named, in the event of his arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five 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 Vijaipur P.S. Case No. 371 of 2025 subject to the conditions as laid down under Section 482 (2) of the BNSS.

Patna High Court CR. APP (SJ) No.491 of 2026(3) dt.16-07-2026 3/3

7. Accordingly, the appeal stands allowed.

(Satyavrat Verma, J) Nitesh/- U T