Jitendra Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85062 of 2025 Arising Out of PS. Case No.-614 Year-2025 Thana- SIWAN MUFFASIL District- Siwan ====================================================== Jitendra Mishra Son of Uday Shankar Mishra R/O Village - Raghopur, P.S.- Rivilganj, District - Chapra (Saran).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Murari Mishra, Advocate For the Opposite Party/s :

Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 16-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Siwam (Muffasil) P.S. Case No. 614 of 2025 registered for the offence punishable under Sections 319(2), 318(4), 336(3), 340(2) of the B.N.S., 2023 and Sections 25(1-B)(a), 26 and 35 of the Arms Act and Sections 8(C), 21(a) of the N.D.P.S. Act.

3. The case of the prosecution is that from the possession of this petitioner, one country-made loaded pistol and a live cartridge, 5 grams of smack-like substance, an ATM swipe machine, 12 ATM cards, and one motorcycle were recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has

Patna High Court CR. MISC. No.85062 of 2025(2) dt.16-12-2025 2/3 committed no offence. He has been falsely implicated in this case. The learned counsel for the petitioner submits that the quantum of the smack that has been recovered from the possession of this petitioner is that of a small quantity. It has also been submitted that from the possession of this petitioner only three ATM cards were recovered, whereas the police have reported that 12 ATM cards were recovered. He further submits that while making the seizure, police have not followed Section 105 of the BNSS, and the witnesses of the seizure list are also the police personnel. Nothing has been recovered from the possession of this petitioner. Moreover, a statement has been made in para 3 of the petition that petitioner has no criminal antecedent and he is languishing in judicial custody since 25.08.2025.

5. The application for bail is opposed by learned APP for the State.

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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.85062 of 2025(2) dt.16-12-2025 3/3 Exclusive Special Judge (NDPS), Court No. 1, Siwan in connection with Siwan (Muffasil) P.S. Case No. 614 of 2025. (Ashok Kumar Pandey, J) Sudhanshu/- U T