Partly allowed¶21

Krishna Kant Mishra @ Krishkant Mishra v. The State of Bihar

Patna HC12 May 2026CR. MISC./18339/2026

Case brief

AI extract

What is this about?

Anticipatory/pre-arrest bail, Patna High Court, Siwan, Bhagwanpur Hat PS Case No. 504 of 2025, BNS 2023 sections 126(2) 115(2) 118(1) 117 109 352 351(2) 303(2) 3(5), grievous injury, criminal antecedents, general and omnibus allegation, clean antecedent, farsa assault, gold chain, bail bond Rs.10,000 two sureties, section 482(2) BNSS conditions, Chief Judicial Magistrate Siwan, Krishna Kant Mishra, Neeraj Kumar Mishra, Pankaj Mishra, bail rejected vs granted, partly allowed.

What did the court decide?

Pre-arrest bail granted to petitioner No. 3 (Pankaj Mishra @ Pankaj Kr. Mishra) in the event of arrest or surrender within eight weeks, on a bail bond of Rs.10,000/- with two sureties of the like amount each, subject to section 482(2) BNSS conditions; prayer for pre-arrest bail of petitioner Nos. 1 and 2 rejected. ¶21

Krishna Kant Mishra @ Krishkant Mishra Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

¶21

Issue for consideration

Whether petitioners Krishna Kant Mishra, Neeraj Kumar Mishra and Pankaj Mishra, who apprehend arrest in Bhagwanpur Hat P.S. Case No. 504 of 2025 (registered for offences under sections 126(2), 115(2), 118(1), 117, 109, 352, 351(2), 303(2) and 3(5) of the BNS 2023), are entitled to pre-arrest (anticipatory) bail.

¶14

Court's answer

Prayer for pre-arrest bail of petitioner Nos. 1 and 2 (Krishna Kant Mishra and Neeraj Kumar Mishra) is rejected, considering the nature of injury caused by them, their criminal antecedents and other circumstances of the case.

¶20

Ratio / Principle

Petitioner No. 3 (Pankaj Mishra @ Pankaj Kr. Mishra), against whom the allegation is general and omnibus and who claims clean antecedent, is to be enlarged on bail in the event of his arrest or surrender within eight weeks, on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Siwan in connection with Bhagwanpur Hat P.S. Case No. 504 of 2025.

¶21

Key takeaways

The pre-arrest bail granted to petitioner No. 3 is made subject to the conditions laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.ratio¶23

Detailed headnote1 paragraphs

Patna High Court (Prabhat Kumar Singh, J.), oral order dated 12-05-2026 in CR. MISC. No.18339 of 2026, arising out of Bhagwanpur Hat P.S. Case No. 504 of 2025 (Siwan), registered under sections 126(2), 115(2), 118(1), 117, 109, 352, 351(2), 303(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023. Considering the nature of injury caused by petitioner Nos. 1 and 2 (Krishna Kant Mishra and Neeraj Kumar Mishra), their criminal antecedents and other circumstances, their prayer for pre-arrest bail was rejected. Petitioner No. 3 (Pankaj Mishra @ Pankaj Kr. Mishra), against whom the allegation was general and omnibus and who claimed clean antecedent, was directed to be enlarged on bail, in the event of arrest or surrender within eight weeks, on a personal bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Siwan, subject to the conditions under section 482(2) of the BNSS, 2023.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.18339 of 2026

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Arising Out of PS. Case No.-504 Year-2025 Thana- BHAGWANPUR HAT District- Siwan

¶3

======================================================

¶4

Krishna Kant Mishra @ Krishkant Mishra S/o- Late Hari Kishore Mishra R/v- Maghar Bais Katha Ps- Bhagwanpur Hat Dist- Siwan

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Neeraj Kumar Mishra @ Neeraj Mishra S/o- Krishna Kant Mishra @ Krishkant Mishra R/v- Maghar Bais Katha Ps- Bhagwanpur Hat Dist- Siwan

¶6

Pankaj Mishra @ Pankaj Kr. Mishra S/o- Krishna Kant Mishra @ Krishkant Mishra R/v- Maghar Bais Katha Ps- Bhagwanpur Hat Dist- Siwan

¶7

... ... Petitioner/s

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Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dineshwar Prasad Singh, Advocate For the Opposite Party/s : Mr. Umesh Lal Verma, APP ======================================================

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... ... Opposite Party/s

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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3 12-05-2026

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Heard learned counsel for the petitioners and the

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State .

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Petitioners apprehend their arrest in a case registered for the offence punishable under sections 126(2), 115(2), 118(1), 117, 109, 352, 351(2), 303(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023.

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3 . As per F.I.R. on 02.12.2025 , all the named accused persons including these petitioners armed variously came and assaulted informant and his family members. Petitioner No. 1 assaulted Shatrudhan Mishra, petitioner No. 3 assaulted informant by means of farsa and petitioner No. 2 took

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Patna High Court CR. MISC. No.18339 of 2026(3) dt.12-05-2026 2/3

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gold chain from one Munna Kumar.

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It is submitted on behalf of the petitioners that petitioners are innocent and have falsely been implicated in this case . Allegation of assault is general and omnibus against them. Rest of the allegation are ornamental in nature. Petitioner No. 3 claims clean antecedent.

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5 . Learned counsel for the State opposed the bail petition and submitted that injuries allegedly caused by petitioner Nos. 1 and 2 are grievous in nature . Petitioner Nos. 1 and 2 have got 2 criminal antecedents.

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Considering the nature of injury caused by petitioner Nos. 1 and 2, their criminal antecedents and other circumstances of the case, prayer for pre – arrest bail of petitioner Nos. 1 and 2 is rejected.

¶21

Considering the general and omnibus allegation against petitioner No. 3, clean antecedent and other circumstances of case, in the event of arrest or surrender within eight weeks from today, let the petitioner No. 3, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Siwan in connection with Bhagwanpur Hat P.S. Case No. 504 of

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Patna High Court CR. MISC. No.18339 of 2026(3) dt.12-05-2026 3/3

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2025 , subject to the conditions laid down under section 482 ( 2 ) of the Bharatiya Nagarik Suraksha Sanhita ( BNSS) , 2023 .

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(Prabhat Kumar Singh, J)

¶25

Koushik/-

¶26

U T

Krishna Kant Mishra @ Krishkant Mishra v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Krishna Kant Mishra @ Krishkant Mishra v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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Procedural history

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