Harsh Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12684 of 2026 Arising Out of PS. Case No.-434 Year-2024 Thana- GOGRI District- Khagaria ====================================================== Harsh Mishra Son of Dilip Mishra @ Dilip Kumar Mishra Resident of Village- Shirnia, P.S.- Gogari, District- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pranav Kumar Jha, Advocate For the Opposite Party/s :
Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 26-02-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in a case registered for the offence punishable under Sections 126(2), 115(2), 308(5), 303(2), 352 and 3(5) of Bharatiya Nyaya Sanhita.
3. It is alleged that this petitioner along with other coaccused persons threatened the informant and pulled him in the vehicle in which an unknown person was already sitting. Thereafter, the accused persons snatched two mobile phones and one gold ring of the informant. It is further alleged that the accused persons took the informant at lonely place and asked him to bring two lakh rupees from his father. The accused persons assaulted the informant and also made his naked video. Thereafter, informant talked to his uncle and told about the
Patna High Court CR. MISC. No.12684 of 2026(2) dt.26-02-2026 2/3 whole incident. After that, the uncle of the informant came with two lakh rupees which was taken by a masked man and after ten minutes, the accused persons discharged the informant.
4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. As a matter of fact, petitioner is a landlord of the locality and in order to grab his land, this false and fabricated case has been lodged against the petitioner and he has been made accused in seven other cases also. There is no injury found on the informant as alleged. There is two days delay in lodging the F.I.R. which itself create a doubt over the prosecution case. Petitioner has himself surrendered before the Court concerned on 11.11.2025. It is further submitted that similarly situated co-accused Rustam Yadav has been granted bail by the Court concerned and from perusal of the bail order, it appears that the informant has compromised the case with the said co-accused which also shows doubtfulness over the prosecution case. Petitioner is a young boy of 23 years. The charge-sheet has already been submitted after completion of investigation. Petitioner undertakes to co-operate in the trial. There is no chance of tampering with the evidence or absconding of the petitioner.
5. Learned A.P.P. for the State opposes the bail
Patna High Court CR. MISC. No.12684 of 2026(2) dt.26-02-2026 3/3 application of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the fact that charge-sheet has been submitted, nature of the allegation, age of the petitioner and period of custody undergone, let the above named petitioner be released on bail on 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, Khagaria/concerned Court in connection with Gogri P.S. Case No. 434 of 2024.
(Sunil Dutta Mishra, J) utkarsh/- U T