Rintu Kumar Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62793 of 2025 Arising Out of PS. Case No.-164 Year-2025 Thana- ALAMNAGAR District- Madhepura ====================================================== Rintu Kumar Mishra son of Late Devnandan Mishra @ Devanand Mishra R/o Village-Alamnagar Ward No13 P.S.- Alamnagar Distrit-Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pawan Kumar, Adv For the Opposite Party/s :
Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 15-09-2025
1. Heard learned counsel for the petitioner as well as learned APP for the State.
2. The petitioner apprehends his arrest in connection with Alamnagar P.S. Case no. 164/2025 registered under Sections 126(2), 115(2), 132, 75, 352, 351(2), 351(3), 324(4) of B.N.S.
3. The allegation in the first information report is that on 07.05.2025, the petitioner went to the official residence of the informant, who is a circle officer, and he was pressurising her to allow the mutation case filed by him, and upon her protest, he threw all the official file documents, and he also abused and threatened her.
4. Learned counsel for the petitioner submits at the outset that for an occurrence said to have taken place on
Patna High Court CR. MISC. No.62793 of 2025(2) dt.15-09-2025 2/3 07.05.2025, the present FIR came to be lodged after an inordinate delay of ten days on 17.05.2025 without any plausible explanation for the same. It has further been submitted that the petitioner has not filed any mutation case nor has any concern with it; rather, one Chandeswhari Sharma had filed an application for mutation before the Circle Officer Alamnagar, which was rejected on 02.03.2025. Annexure-P-2, for which an appeal had also been filed in the month of April, 2025 before the Ld. LRDC. There is no reason why after three months petitioner would go before the Circle Officer for the said purpose. It has further been submitted that the petitioner is actually the husband of the Ward Parshad, and he has been implicated only on account of political rivalry. The petitioner undertakes to cooperate in the case/trial.
5. The application for anticipatory bail is opposed by learned A.P.P. for the State on the ground, as he has been accused in two other cases of a similar nature. In response to the same, it has been submitted that the petitioner is on bail in those cases and cases are of the years 2014 and 2018. 6.
Taking into consideration the facts and circumstances of the case and also considering the inordinate delay in lodging of the FIR, coupled with the fact that
Patna High Court CR. MISC. No.62793 of 2025(2) dt.15-09-2025 3/3 there was no occasion for the petitioner to go before the informant, let the above named petitioner who has two criminal antecedents, in the event of their arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Alamnagar P.S. Case no. 164/2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Udakishunganj, District-Madhepura, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023 and subject to the following conditions:- (a) One of the bailors of the petitioner shall be the family member/close relative of the petitioner and verification of the criminal antecedent.
(b) He shall co-operate in the investigation/trial. (Soni Shrivastava, J) krishnakant/- U T