Sumit Kumar Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15110 of 2026 Arising Out of PS. Case No.-402 Year-2025 Thana- GHANSHYAMPUR District- Darbhanga ====================================================== 1.
Sumit Kumar Mishra, Aged about 27 Years, Male, S/o Shailendra Mishra, Resident of Village - Gulma @ Galma, P.S.- Ghanshyampur, DistDarbhanga 2.
Sanjiv Kumar Mishra, Aged about 33 Years, Male, S/o Lalit Mishra @ Lalit Mohan Mishra, A/P- 714, D Block, Near Ram Jiwan Model School, Ankur Vihar, P.O.- Loni, District- Ghaziabad, U.P., Resident of Village - Galma, P.S.- Ghanshyampur, Dist- Darbhanga 3.
Ajeet @ Ajeet Kumar Mishra, Aged about 25 Years, Male, S/o Shailendra Mishra, A/P- Hosiyarpur, Sector 51, Noida, Gautam Buddha Nagar, U.P., Resident of Village- Galma, P.S.- Ghanshyampur, Dist- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
None For the Opposite Party/s :
Mr. Sanjay Kumar Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 25-03-2026 No one appears on behalf of the petitioners. Mr. Sanjay Kumar Singh, learned APP for the State is present.
2. The petitioners seek pre-arrest bail in connection with Ghanshyampur P.S. Case No. 402 of 2025, registered for the offence punishable under Sections 115(2), 126(2), 109, 303(2), 351(2), 352 and 3(5) of the B.N.S.
3. I have perused the allegation made in the FIR and the impugned order. The allegation against the petitioners is that they along with other accused persons, had assaulted the informant. Specific allegation against the petitioners no. 1 and 3
Patna High Court CR. MISC. No.15110 of 2026(2) dt.25-03-2026 2/3 is that they had repeatedly assaulted the informant by means of Tangari and rod, as a result of which, the informant had sustained injury. So far as, petitioner no. 2 is concerned, he had allegedly assaulted on head of the informant by means of sword, due to which, the informant had sustained head injury. All the sections are bailable except Section 109 of the BNS.
4. In paragraph no. 13 of the bail application, it has been informed that informant is a criminal against whom, four criminal cases are pending. In paragraph no. 17 of the bail application it has been informed that FIR has been lodged after two days from the date of occurrence i.e. 30.11.2025. There is case and counter case between the parties. In paragraph no. 3, the petitioners have given information that they have clean antecedent.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. In view of the statement made in the bail application and the nature of allegation alleged against the petitioners, learned District Court is directed to verify the injury report relating to the informant and if it is found that the injuries, which are attributable to the petitioners, are simple in nature, the petitioners, above named, are directed to be released
Patna High Court CR. MISC. No.15110 of 2026(2) dt.25-03-2026 3/3 on pre-arrest bail, in the event of their arrest or surrender before the learned District Court 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 the learned District Court where the case is pending, in connection with Ghanshyampur P.S. Case No. 402 of 2025, subject to the condition as laid down under Section 482(2) of the BNSS.
7. The learned District Court is directed to verify the criminal antecedent of the petitioners as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioners as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Niraj/- U T