Saurabh Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16893 of 2026 Arising Out of PS. Case No.-482 Year-2025 Thana- KANTI District- Muzaffarpur ====================================================== Saurabh Mishra Son of Uday Mishra Resident of East Ram Krishna Nagar, PS -Ram Krishna nagar District -Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pushpendra Priyedarshi, Adv.
For the Opposite Party/s :
Mr.Brajendra Nath Pandey, 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 Kanti P.S. Case No.482 of 2025 registered for the offence under Section 316(2), 318(4) of Bharatiya Nyaya Sanhita.
3. Prosecution case in, brief is, that informant was working as a manager at CJDARCI. Logistics Limited. On 17.09.2025 at 23.40 hours the truck no. BROIGM4024 was taken on rent by CJDARCL Logistics Limited for Rs. 34,000/- from the owner Uday Kumar Mishra Construction Enterprises, Janak Path East, Ram Krishna Nagar, Near GDM Hospital, Patna. The owner of the aforesaid truck was Uday Kumar Mishra abd Saurabh Mishra and driver Shiv Prasad Rai were also involved in crime. The truck bearing registration no. BR01GM4024 was booked through informant's branch officer
2/4 from R.G. Barua Road, Guwahati, Assam, for the transportation of Emami goods (FMCG) worth Rs. 78,32,170.72/- from Emami Limited, Pacharia, Kamrup, Assam to Emami Limited, Shri Balaji Industries, Karmali Chak, near toll tax, Mahuli Road, Patna Bihar for a rent of Rs. 34,000/- Out of which Rs. 12,000/- were paid via NEFT and rest Rs. 15,000/- was paid for diesel. The booked truck BR01GM4024 was loaded with the said material on 17.09.2025 with CJ.DARCL Logistics Limited Bill No. GHTF39E00056 dt. 17.09.2025, Invoice no & ST1823002013 dt. 17.09.2025. The said truck was supposed to reach the destination on or before 23.09.2025. However, the Emami loaded goods has not reached till date.
During inquiry the driver Shiv Prasad Rai informed through his mobile number 8409710697 that the vehicle owner Uday Mishra also came along with him in the uuck up to Muzaffarpur via predetermined route. He had handed over the vehicle to the vehicle owner in Muzaffarpur, Bihar, in front of Narayani Petrol Pump, located between Chandni Chowk and Darbhanga Mor. The truck remained parked there for approximately 23 hours and the goods were disappeared from there. For a few days, the truck owner's mobile phone remained switch off and he had not responded to any attempts of communication.
3/4 owner, his son and the driver and others in collusion have deliberately stolen the goods in the wrong way and sold them somewhere. They have defrauded the informant's company and are repeatedly telling them false stories. Their dishonest conduct and continuous criminal intention to grab the goods are clearly established. The owner of the truck 1. Uday Kumar Mishra, 2. Saurabh Mishra, 3. driver Shiv Prasad Rai and other unknown persons have grabbed the goods.
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 submits that the main allegation in the FIR is against Uday Kumar Mishra and not against the petitioner and the petitioner is a young boy aged about 22 years, who is preparing for competitive examination. Learned counsel for the petitioner further submits that no incriminating articles have been recovered from the possession of the petitioner.
5. The learned APP opposes the anticipatory bail application.
6. Simply because the petitioner had accompanied his father for lodging the FIR regarding the theft of the truck cannot be a ground to suggest complicity of the petitioner in crime in
4/4 collusion with his father. Also given the fact that the main allegation in the FIR is against Uday Kumar Mishra and not against the petitioner and further that the petitioner is a young boy aged about 22 years, who is preparing for competitive examination, I am inclined to grant privilege of anticipatory bail to the petitioner.
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, (West) Muzaffarpur, Bihar in connection with Kanti P.S. Case No.482 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