Anand Mishra @ Anand Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17108 of 2026 Arising Out of PS. Case No.-306 Year-2025 Thana- SAHPUR District- Bhojpur ====================================================== Anand Mishra @ Anand Kumar Mishra Son of Late Dinanath Mishra (Wrongly typed as 45 years in F.I.R.), Resident of village - Banahi, P.S.- Shahpur, District - Bhojpur.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bibhakar Tiwary, Adv.

Mr. Dilip Kumar Tiwary, Adv.

For the Opposite Party/s :

Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 25-03-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Shahpur P.S. Case No.306 of 2025 registered for the offence under Sections 126(2), 115(2), 351, 109, 3(5) of BNS, 2023.

3. The prosecution case in brief is that the informant Dilip Kumar Pandey gave a written application to the officer incharge of Shahpur Police Station stating that today on 08.12.2025 at 02:00 P.M. Jyoti Kumari, Urmila Devi were hurling filthy abuses due to some water dispute. When Nikhil Kumar protested, upon which Jyoti Kumari and Urmila Devi gave instigating to assault and Ambuj Mishra, Anand Mishra came with iron rod and iron khanti in their hands and started

Patna High Court CR. MISC. No.17108 of 2026(2) dt.25-03-2026 2/3 assaulting due to which Chandan Kumar Pandey got injured and became unconscious. He was given nine stitches given on his head.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence and he has falsely been implicated in this case. Learned counsel for the petitioner further submits that petitioner and the informant side are neighbours and the dispute between the two sides with regard to a village lane between the two houses. Learned counsel for the petitioner submits that the petitioner has initially filed a case against the informant vide Shahpur P.S. Case No.305 of 2025 dated 08.12.2025 and the present case is counter blast to the previous case.

5. The learned APP opposes the anticipatory bail application.

6. From the facts and circumstances stated above, it appears that the petitioner and the informant side are neighbours and co-villagers whose houses are situated adjacent to each other. It appears to be a dispute between the two sides with regard to a village lane between the two houses. The petitioner has initially filed a case against the informant vide Shahpur P.S. Case No.305 of 2025 dated 08.12.2025, disclosure of which has

Patna High Court CR. MISC. No.17108 of 2026(2) dt.25-03-2026 3/3 been made in paragraph-6 of the application. It therefore, cannot be ruled that the petitioner has been implicated in the present case by way of counter blast to the previous case. Under these circumstance, I am inclined to grant privilege of anticipatory bail to the petitioner who also possesses clean antecedent.

7. Accordingly, the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on anticipatory bail on his furnishing bail-bonds in the sum of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Ist, Bhojpur at Ara in connection with Shahpur P.S. Case No.306 of 2025, subject to the conditions laid down under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.

(Alok Kumar Sinha, J) Prakash Narayan U T