Sushant Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40957 of 2026 Arising Out of PS. Case No.-416 Year-2025 Thana- PARBATTA District- Khagaria ====================================================== Sushant Kumar Mishra son of Bilash Kumar Mishra @ Bilash Mishra Resident of village- Khanua raka, Ward no. 18, Ps- Parbatta, Dist- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Nidhi Suman, Advocate For the Opposite Party/s :

Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 25-06-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 308(2) and 308(5) of BNS and Sections 25(1-B)a, 26 and 35 of the Arms Act.

3. The case of the prosecution is that the petitioner has entered the clinic of the informant and demanded Rs. 1200/- and a charger as extortion amount and as the informant objected the same, he pointed pistol on him. The informant saved himself with the help of his staff.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned counsel for the petitioner has submitted that from perusal of the

Patna High Court CR. MISC. No.40957 of 2026(2) dt.25-06-2026 2/2 FIR, it is clear that the recovery of country made loaded pistol has been made by the informant himself and police has not recovered anything. It has further been submitted that the story of the prosecution that the petitioner has demanded Rs. 1200/- and a charger as extortion amount, itself seems to be an absurd one. Even the informant has not been able to create a palpable story. Learned counsel has submitted that petitioner is in judicial custody since 15.11.2025.

5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Parbatta P.S. Case No. 416 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Khagaria. (Ashok Kumar Pandey, J) Shubham/- U T