Dismissed

Sumit Kumar Mishra Alias Sumit Mishra v. the State Ofjharkhand

Jharkhand HC15 Sept 2026A.B.A./4077/2026

Case brief

AI extract

What is this about?

In a bail application under Sections 438 and 482 of CrPC, petitioners sought anticipatory bail in a Bhagalpur case involving offences under Bihar National Sanhita. The High Court of Jharkhand dismissed the petition, rejecting the claim of false implication due to serious allegations of forcing entry into a bedroom and outraging modesty.

What did the court decide?

Prayer for anticipatory bail rejected; Bail Application No. 4077 of 2026 dismissed with Costs.

Sumit Kumar Mishra Alias Sumit Mishra Vs the State… — Anticipatory Bail | Jharkhand HC (2026)

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2026:JHHC:27799

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IN THE HIGH COURT OF JHARKHAND, RANCHI

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A.B.A. No. 4077 of 2026

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Sumit Kumar Mishra @ Sumit Mishra, aged about 23 years, son of Shri Vinod Mishra @ Binod Kumar Mishra, resident of Pakaria, PO and PS Pirpainti, District Bhagalpur, State Bihar

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.... Petitioner

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-- Versus -- The State of Jharkhand .... Opposite Party

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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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--For the Petitioner :- Mr. Vikas Kumar, Advocate For the State :- Mr. Sanjay Kumar Srivastava, Advocate ----

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2 /15.09.2026 Heard learned counsels for petitioner and for State.

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The petitioner is apprehending his arrest in connection with Mirzachouki PS Case No.17 of 2026, for offence registered under section 126(2), 115(2), 351(2), 351(3), 63(c), 62 and 3(5) of BNS, 2023, pending in court of learned S.D.J.M., at Sahibganj.

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Learned counsel for petitioner submits that the petitioner has been falsely implicated in this case. He next submits that father of the petitioner has lodged Mirzachouki P.S. Case No.18 of 2026 against the informant and its associates in respect of the same occurrence and in view of that, the present case is counter blast case of the said case. He also submits that injury is said to be simple. He next submits that the petitioner has been implicated

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2026:JHHC:27799

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merely on the ground of suspicion and due to the rivalry prevailing in the locality and on these grounds, he submits that anticipatory bail may kindly be granted.

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Learned State counsel opposes prayer and submits that serious allegations are made against the petitioner of forcibly entering into the bed room of the daughter of the informant and outraging her modesty and on these grounds, he submits that anticipatory bail may kindly be rejected.

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On perusal of the FIR, it transpires that the allegations are made that prior to entering into the bed room of the present subject matter of the petition, the petitioner has tried to abduct 13 years minor daughter of the informant earlier in the year 2022 and for that one case has been lodged and in that case, the petitioner was also taken into custody and after coming out from the jail custody the petitioner herein used to threat and that aspect was brought to the knowledge of the father of the petitioner and has further alleged on 09.02.2026 that the petitioner has forcibly entered into the bed room of the second daughter of the informant and has outraged modesty of the daughter of the informant in which she has also received injury. In paragraph no.11, the victim has been examined by the Medical Officer of P.H.C., Mirzachouki

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and the opinion has been issued on injury and in paragraph no.2 restatement of the victim has been recorded and in paragraph no.9

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2026:JHHC:27799

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witnesses have supported the content of the FIR and in paragraph no.20, the victim has also supported the case and in paragraph no.42, another witness has also supported as well as in paragraph no.72 of the case diary, and in the attending facts and circumstances of the instant case, I am not inclined to grant anticipatory bail to petitioner.

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As such, prayer for anticipatory bail of the petitioner is, hereby, rejected and consequently, A.B.A. No.4077 of 2026 is, hereby, dismissed.

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( Sanjay Kumar Dwivedi, J.)

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15.09.2026 SI/

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Sumit Kumar Mishra Alias Sumit Mishra v. the State Ofjharkhand

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Sumit Kumar Mishra Alias Sumit Mishra v. the State Ofjharkhand

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