Patna High CourtCR. MISC./916/2026bail granted

Vidyanand Mishra v. The State Of Bihar

2026-01-15Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.916 of 2026 Arising Out of PS. Case No.-473 Year-2025 Thana- BAHADURPUR District- Darbhanga ====================================================== Vidyanand Mishra, S/O Ramesh Chandra Mishra, R/O Village-Darhar, P.SBahadurpur, District -Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Girish Chandra Jha, Advocate For the Opposite Party/s :

Mr.Anand Kishore Choudhary,, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 15-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Bahadurpur P.S. Case No. 473 of 2025, registered for the alleged offences under Sections 126(2), 115(2), 117(2), 109(1), 324(4), 326(f), 326(g), 62, 303(2), 74, 3(5) of BNS, 2023.

3. As per prosecution case, the petitioner and other coaccused persons assaulted the informant with iron rod and iron mushal causing injury to him. The informant received an injury on his head.

4. The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner and the informant are brothers and there is

Patna High Court CR. MISC. No.916 of 2026(2) dt.15-01-2026 2/3 dispute over passage between them. For the same occurrence, the petitioner's side has lodged Bahadurpur P.S. Case No.474 of 2025 in which the daughter of the petitioner has received serious injuries. The petitioner and the informant both are office clerks of learned Advocates in Darbhanga Civil Court. The informant sustained only simple/superficial injuries and no offence under Section 109 BNS is made out. It is a case of free fight in which both the sides received injuries. The petitioner is in custody since 23.11.2025 and charge sheet has been submitted. The petitioner is having antecedent of one case in which he is on bail.

5. Learned APP vehemently opposes the submission made on behalf the petitioner. The learned APP submits that there is specific allegation against the petitioner that he assaulted the informant by using iron mushal causing fracture of his head.

6. Having regard to the facts and circumstances and submission made on behalf of the parties and considering the case and counter case of the parties and relationship and further considering the submission of charge sheet and period of custody of the petitioner, he is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two

Patna High Court CR. MISC. No.916 of 2026(2) dt.15-01-2026 3/3 sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IX, Darbhanga/court concerned, in connection with Bahadurpur P.S. Case No. 473 of 2025, subject to the conditions mentioned in Section 480 (3) of BNSS and also 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 every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T