Banarasi Nath Mishra @ Banarashi Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58720 of 2025 Arising Out of PS. Case No.-164 Year-2025 Thana- DEHRI TOWN District- Rohtas ====================================================== Banarasi Nath Mishra @ Banarashi Mishra S/O Late Parash Nath Mishra Resident of Mohalla- Mathurapur Colony, P.S.- Dalmianagar, Dist.- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.N A Shamsi For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-09-2025 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 316(2), 338, 336(3), 340(2) and 318(4) of the Bharatiya Nyaya Sanhita. 3.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleged that Manisha Dubey, an advocate, came to the Registry Office and presented three wills, the wills on verification were found fake, accordingly the superior authorities were informed, in the meanwhile the shop of the petitioner was raided and laptop, three printers, mouse and some certified documents were seized, which were used in preparing the fake will. 4.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.58720 of 2025(2) dt.09-09-2025 2/3 petitioner has been falsely implicated in the instant case by the informant. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that informant specifically alleges that it was Manisha Dubey, a learned advocate, who had presented the wills for registration. It is further submitted that petitioner earlier was associated with a learned lawyer of Dehri Civil Court and after retirement, he had opened a shop, which was being run by his son. It is also submitted that documents which come are only typed in his shop. It is next submitted that merely because the documents were typed in the shop of the petitioner, as such he has been implicated. It is further submitted that had the petitioner been involved in the occurrence, in that event he would not have allowed the will to be typed in his shop fearing that evidence would be created against him. It is also submitted that petitioner will not abscond rather will cooperate in the investigation to prove his innocence.

5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court

Patna High Court CR. MISC. No.58720 of 2025(2) dt.09-09-2025 3/3 within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Dehri (Town) P.S. Case No. 164 of 2025, subject to the conditions as laid down under Section 482 (2) of the BNSS.

7.

However, it is made clear that in the event, if the Investigating Officer of the case files an application before the learned trial court bringing to its notice that the petitioner, despite giving assurance to this Court, is not cooperating in the investigation, in that event, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner. 8.

Let a copy of this order be sent to the concerned police station through the learned Trial Court. (Satyavrat Verma, J) Sumit/- U T