Chanchal Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57278 of 2025 Arising Out of PS. Case No.-85 Year-2025 Thana- BELAGANJ District- Gaya ====================================================== 1.

Chanchal Mishra S/O Late Shyam Baran Mishra Resident Of VillageChulihara, P.S.- Belaganj, Dist.- Gaya 2.

Raja Ram Mishra S/O Late Shyam Baran Mishra Resident Of VillageChulihara, P.S.- Belaganj, Dist.- Gaya 3.

Mukesh Kumar @ Mukesh Mishra S/O Chanchal Mishra Resident Of Village- Chulihara, P.S.- Belaganj, Dist.- Gaya 4.

Rahul Kumar @ Rahul Mishra S/O Chanchal Mishra Resident Of VillageChulihara, P.S.- Belaganj, Dist.- Gaya 5.

Rakesh Kumar @ Rakesh Mishra S/O Chanchal Mishra Resident Of VillageChulihara, P.S.- Belaganj, Dist.- Gaya ... ... Petitioner/s

Versus

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

For the Petitioners :

Mr. Aryan Singh, Advocate For the State :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-12-2025 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 191(2), 191(3), 190, and 103(1) of the B.N.S..

3. As per prosecution case, on the alleged date and time of occurrence, all the F.I.R. named accused persons, including these petitioners, surrounded uncle of informant while he was returning from a Shradh ceremony and assaulted and

Patna High Court CR. MISC. No.57278 of 2025(4) dt.03-12-2025 2/2 killed uncle of informant.

4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. Allegation of assault is general and omnibus and no specific accusation of overt act has been alleged against these petitioners. Petitioners have falsely been implicated in this case with ulterior motive.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners and submitted that petitioners are named in the F.I.R. with specific accusation that they, along with other F.I.R. named accused persons, assaulted uncle of informant and killed him. In the post mortem report, multiple injuries caused by sharp and pointed weapons were found on the body of the deceased.

6. Considering the facts and circumstances of the case, specific and direct nature of accusation and gravity of offence, the prayer for grant of anticipatory bail to the petitioners is rejected.

(Prabhat Kumar Singh, J) shashank/- U T