Rakesh Mistry vs The State Of Bihar on 20 May, 2026

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    Patna High Court – Orders

    Rakesh Mistry vs The State Of Bihar on 20 May, 2026

    Author: Alok Kumar Pandey

    Bench: Alok Kumar Pandey

                          IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL MISCELLANEOUS No.32860 of 2026
                           Arising Out of PS. Case No.-127 Year-2019 Thana- IMAMGANJ District- Gaya
                     ======================================================
               1.     Rakesh Mistry son of Bhagwan Mistry Resident of Village -Dubhal PS
                      -Imamganj Dist -Gaya
               2.    Bhuini Devi Wife of Bhagwan Mistry @ Bhagwani Mistry Resident of
                     Village -Dubhal PS -Imamganj Dist -Gaya
               3.    Sunita Devi wife of Rakesh Mistry Resident of Village -Dubhal PS
                     -Imamganj Dist -Gaya
               4.    Sangita Devi @ Sangita Kumari Wife of Vipin Mistry Resident of Village
                     -Dubhal PS -Imamganj Dist -Gaya
               5.    kavita Devi Wife of Mukesh Mistry Resident of Village -Dubhal PS
                     -Imamganj Dist -Gaya
               6.    Mukesh Mistry Son of Bhagwan Mistry Resident of Village -Dubhal PS
                     -Imamganj Dist -Gaya
               7.    Jugesh Kumar @ Yugesh Kumar Son of Bhagwan Mistry Resident of
                     Village -Dubhal PS -Imamganj Dist -Gaya
               8.    Umesh Mistry @ Umesh Kumar son of Bhagwan Mistry Resident of Village
                     -Dubhal PS -Imamganj Dist -Gaya
               9.    Vipin Mistry Son of Bhagwan Mistry Resident of Village -Dubhal PS
                     -Imamganj Dist -Gaya
               10. Bhagwan Mistry Son of Late Kesher Mistry Resident of Village -Dubhal PS
                   -Imamganj Dist -Gaya
    
                                                                                      ... ... Petitioners
                                                           Versus
                     The State of Bihar
    
                                                              ... ... Opposite Party
                     ======================================================
                     Appearance :
                     For the Petitioner/s    :        Mr. Vijay Kumar, Adv.
                     For the State           :        Mr. Nand Kishore Prasad, APP
                     ======================================================
                     CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
                                           ORAL ORDER
    
    2   20-05-2026

    Heard learned counsel for the petitioners and learned

    A.P.P. for the State through virtual mode.

    SPONSORED

    2. The petitioners are apprehending their arrest in

    connection with Imamganj P.S. Case No. 127 of 2019 registered
    Patna High Court CR. MISC. No.32860 of 2026(2) dt.20-05-2026
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    for the offences punishable under Sections 341, 323, 504, 307,

    379/34 of the IPC.

    3. As per prosecution case, petitioners, variously

    armed, came to the house of the informant and abused him. It is

    further alleged that petitioner no. 1 made firing upon the

    informant but informant escaped unhurt. When informant’s

    mother came to rescue, petitioner nos. 2 and 3 assaulted upon

    the head of informant’s mother by means of gadasa and farsa

    respectively causing injury on her head. It is further alleged that

    upon the instigation of petitioner no. 10, all the accused persons

    assaulted the informant’s mother by means of lathi-danda and

    took away utensils and household articles worth Rs. 10,000/-.

    4. Learned counsel for the petitioners submits that

    petitioners are innocent and have committed no offence as

    alleged in the FIR. He further submits that alleged occurrence

    took place on 28.07.2019 whereas written application has been

    given to the police by the informant on 01.08.2019 i.e. after

    delay of 3 days whereas police station was only 4 km. away

    from the place of occurrence. He further submits that there is

    allegation that petitioner nos. 2 and 3 assaulted the informant’s

    mother by means of gadasa and farsa respectively which are

    sharp cutting weapons, but it is submitted by learned counsel for
    Patna High Court CR. MISC. No.32860 of 2026(2) dt.20-05-2026
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    the petitioners that informant’s mother did not sustain any sharp

    cut injury on her head. He further submits that both parties are

    pattidar and long standing dispute is going on between them.

    He further submits that due to some petty dispute, some

    altercation took place between both the parties and in that

    course informant’s mother fell down on the ground and

    sustained some minor injuries and taking advantage of this fact

    the informant has lodged the instant case with fabricated story

    implicating all the family members. He further submits that FIR

    is of the year 2019 and the impugned order dated 02.06.2025

    clearly reflects that investigation is still going on. He further

    submits that no process under Section 82 and 83 of Cr.P.C. has

    been directed to be issued against the petitioners. He further

    submits that after lapse of near about seven years, the

    investigating officer of this case has not collected the injury

    report of informant’s mother, which reflects the casual approach

    of the I.O. He further submits that Section 379 of the IPC is

    nothing but merely a super-addition. He further submits that in

    the light of the aforesaid facts and circumstances of the case, no

    offence, as alleged in the FIR, is made out against the

    petitioners. Apart from that, petitioners bear clean antecedent. It

    has been orally submitted that petitioners will not abscond
    Patna High Court CR. MISC. No.32860 of 2026(2) dt.20-05-2026
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    rather will cooperate in the investigation to prove their

    innocence.

    5. The learned A.P.P. for the State opposes the prayer

    for anticipatory bail of the petitioners and submits that

    petitioners are FIR named accused and they cannot escape from

    the allegation made in the prosecution story. However, learned

    APP has conceded this fact that the role of I.O. is very

    significant in investigation but in the present case, despite lapse

    of seven years, the I.O. has not collected the injury report of

    informant’s mother.

    6. Considering the facts and circumstances of the

    case, FIR has been registered in the year 2019 and up till now

    investigation has not completed, petitioners and informant are

    pattidar and there is land dispute between the parties, keeping in

    view clean antecedent of petitioners, argument advanced on

    behalf of both sides and also taking into consideration the

    material available on record, the petitioners above-named, in the

    event of their arrest or surrender before the learned trial court

    within a period of six weeks from today, be released on

    anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees

    ten thousand) each with two sureties of the like amount each to

    the satisfaction of learned Judicial Magistrate-1st Class,
    Patna High Court CR. MISC. No.32860 of 2026(2) dt.20-05-2026
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    Sherghati at Gaya in connection with Imamganj P.S. Case No.

    127 of 2019, subject to the conditions as laid down under

    Section 438(2) of the Cr.P.C.

    7. The application stands allowed.

    8. However, it is made clear that if the investigating

    Officer of the case files an application before the learned trial

    court bringing to its notice that petitioners despite giving

    assurance to this Court are not co-operating in the investigation,

    in that event, the learned trial court shall be at liberty to cancel

    the bail bonds of the petitioners.

    (Alok Kumar Pandey, J)

    shahzad/-

    U      T
     



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