B. N. Mishra vs State Of C.G

Chattisgarh High Court

B. N. Mishra vs State Of C.G on 12 March, 2026

Author: Ramesh Sinha

Bench: Ramesh Sinha

                                                          1




                                                                                2026:CGHC:11907
                                                                                          NAFR

                                HIGH COURT OF CHHATTISGARH AT BILASPUR

                                             MCRCA No. 261 of 2026
                   B. N. Mishra S/o Late Devnath Mishra Aged About 65 Years R/o House No.
                   896, Kailash Nagar, Bhilai, District Durg (C.G.)                   ... Applicant


                                                       versus


VAIBHAV
SINGH              State Of C.G. Through Police Station City Kotwali, District Durg (C.G.)
                                                                                   ... Respondent

For Applicant : Mr. Parth kumar Jha, Advocate.

For Non-applicant/State : Ms. Anusha Naik, Dy. G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12.03.2026

1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.443/2024 registered at Police Station - City Kotwali, District - Durg (C.G.) for the offences punishable under Sections 420, 467, 468, 471 of the IPC.

2. The prosecution story in brief is that, the complainant Saraswati Mishra filed an application under Section 156(3) of the Code of Criminal Procedure before the trial Court stating that industrial land had been allotted on a 99-year lease by the District Industries Centre (DIC), Durg, in the joint names of her husband Rajkishore Mishra and H.S. 2 Mishra, each having a 50% share, and the same was duly registered in the office of the Registrar. After the death of her husband on 27.04.2021, the complainant submitted an application to the DIC along with all necessary documents on 28.05.2021 and 21.06.2021 requesting that her name be recorded in place of her deceased husband with the consent of her son Vivek Mishra. However, despite the said application being pending and despite continuous follow-up, the concerned officials of DIC allegedly transferred the said land to another person. Upon obtaining documents through a Right to Information (RTI) application, the complainant discovered that the transfer had been made on the basis of forged documents containing fake signatures of the complainant and her son, allegedly in collusion with certain individuals including the present applicant B.N. Mishra. It was alleged that the accused persons conspired with the officials of the DIC and fraudulently transferred the land allotted to the complainant's husband by preparing forged documents. The complainant had earlier lodged complaints before the City Kotwali Police Station, Durg, on 13.10.2022 and before the Superintendent of Police, Durg, on 10.10.2022, but no action was taken. Thereafter, the complainant approached the Hon'ble High Court of Chhattisgarh at Bilaspur by filing WPC No. 4666/2022 and obtained a stay order on the sale of the said land. Subsequently, the complainant filed an application under Section 156(3) Cr.P.C. before the trial Court, and upon considering the matter, the Court directed registration of an FIR against the present applicant B.N. Mishra and others under Sections 420, 467, 468, 471 and 34 of the Indian Penal Code and further directed the police to conduct investigation and submit a report before the concerned Court. Pursuant 3 to the said order, the police of City Kotwali Police Station, Durg registered a case against the accused under Sections 420, 467, 468 and 471 of the Indian Penal Code and the investigation is presently in progress.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the aforesaid case. It is further submitted that the FIR, when examined in the given circumstances, itself indicates that the prosecution story is prima facie not believable. It is further submitted that the police have failed to make the main person, namely Bumbum Mishra, who allegedly impersonated himself as H.S. Mishra S/o D.N. Mishra, along with other beneficiaries of the alleged illegal transaction, namely Anish Kumar, Somesh Kumar and Rajat Kumar, as accused persons, whereas the present applicant has been implicated despite the fact that he was merely a witness to some of the documents. It is further contended that the investigation has not been conducted in a fair manner and the police have wrongly arraigned the present applicant as an accused while exonerating the actual beneficiaries of the alleged transaction. The applicant is about 60 years of age, has a good reputation in society and has no criminal antecedents. He is a permanent resident of the address mentioned in the cause title and possesses both movable and immovable properties there, and therefore there is no likelihood of his absconding or tampering with the prosecution witnesses.

4. On the other hand, learned State counsel opposes the anticipatory bail application.

5. I have heard learned counsel for the parties and perused the case diary.

6. Considering the facts and circumstances of the case, the submissions of the learned counsel for the parties, the nature of the dispute, and the material available in the case diary, this Court, without expressing any opinion on the merits, I am inclined to grant anticipatory bail to the present applicant.

7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant - B. N. Mishra, on executing a personal bond and one local surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:-

(a) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court.

(b) he shall not act in any manner which will be prejudicial to fair and expeditious trial.

(c) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.

(d) the applicant and the surety shall submit a copy of his adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court.

(e) he shall not involve himself in any offence of similar nature in future.

Sd/-

(Ramesh Sinha) CHIEF JUSTICE vaibhav