[Cites 7, Cited by 0]
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.
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
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
