Krishna Mistry @ Krishan Mistry @ Krishan Vishvkarma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82557 of 2025 Arising Out of PS. Case No.-104 Year-2025 Thana- IMAMGANJ District- Gaya ====================================================== Krishna Mistry @ Krishan Mistry @ Krishan Vishvkarma S/O Kuleshwar Mistry R/O village- Kadirganj, P.S- Imamganj, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vinod Kumar, Advocate For the Opposite Party/s :
Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 06-01-2026 Heard learned counsel for the petitioner and the learned APP for the State.
2. The petitioner seeks bail in connection with Imamganj P.S. Case No. 104 of 2025 registered for the offences under Sections 25(1-AA), 26,35 of the Arms Act, Section 3/4 of the Indian Explosive Act and Sections 13, 16(1)b, 17, 18, 19, 20, 38 and 39 of the Unlawful Activities (Prevention) Act.
3. As per the prosecution case, the petitioner is alleged to be the person who used to service the guns of the other co-accused who are said to be naxalites.
4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case and he is an ironsmith involved in mechanical works and has no relation whatsoever with the other co-accused persons who are said to be
Patna High Court CR. MISC. No.82557 of 2025(2) dt.06-01-2026 2/3 the naxalites. It has further been submitted that the petitioner has clean antecedent and he has no direct or indirect concern with the other co-accused persons and he has falsely been implicated. It is also submitted that the petitioner was not apprehended with any incriminating article and moreover the co-accused namely Rupesh Paswan has already been enlarged on bail vide order dated 09.10.2025 passed in Cr. Misc. No. 70807 of 2025.
5. The petitioner is in custody since 17.04.2025 and has clean antecedent.
6. Learned APP for the State has vehemently opposed the prayer for bail of the petitioner.
7. Considering the facts and circumstances of the case, the petitioner is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, First Class, Sherghati, Gaya in connection with Imamganj P.S. Case No. 104 of 2025, subject to the following conditions:
(i) One of the bailors will be a close relative of the petitioner;
(ii) the petitioner will remain present on each and
Patna High Court CR. MISC. No.82557 of 2025(2) dt.06-01-2026 3/3 every date fixed by the Court below, if so required by the learned Trial Court;
(iii) in case of absence on two consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioner will liable to be cancelled by the Court concerned; (iv) the Court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bonds of the petitioner. However, the acceptance of bail bonds in terms of the above mentioned order shall not be delayed for purpose of the same on in the name of verification.
8. It is made clear that the observations, if any, made in this order, shall be of no bearing during the trial. (Sourendra Pandey, J) krishna/- U T