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Patna High Court

Chhotu Mishra @ Krishna KanhiyaversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The appeal is dismissed and bail is not granted as the trial has commenced and no new ground is shown.

Summary

Chhotu Mishra, accused under several provisions of the Bharatiya Nyaya Sanhita, the Arms Act and the SC/ST Act, appealed against the lower court's order rejecting his bail application. The appellant had been in judicial custody since September 2024 and had previously sought bail twice, both times denied. The High Court noted that the trial had already commenced, with one of six prosecution witnesses examined, and found no new grounds to revisit the bail decision. Relying on a Supreme Court precedent cautioning against granting bail in serious offences once trial begins, the Court dismissed the appeal. It directed the trial court to expedite the proceedings and complete the trial within four months, after which the appellant may renew his bail application.

Issues considered

  • Whether bail can be granted at the stage where the trial for serious offences has already commenced
  • Whether the appellant has raised any new ground justifying a fresh consideration of bail

Legislation cited

Subjects

  • bail
  • criminal procedure
  • serious offences
  • trial commencement
  • judicial custody
  • SC/ST Act
  • Arms Act
  • Bharatiya Nyaya Sanhita
  • high court
  • appeal

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.4686 of 2025
                       Arising Out of PS. Case No.-112 Year-2024 Thana- Mufassil District- Khagaria
                 ======================================================
                 Chhotu Mishra @ Krishna Kanhiya S/o Late Manoj Mishra R/o Village -
                 Amni, P.S - Mansi, District - Khagaria

                                                                                     ... ... Appellant/s
                                                         Versus
           1.    The State of Bihar
           2.    Mamta Kumari @ Mamta Devi W/o Late Rohit Ram R/o Village - Amni, P.S
                 - Mansi, District - Khagaria

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s      :        Mr. Jai Kishor Poddar, Advocate
                 For the Respondent/s     :        Mr. Sadanand Paswan, SPP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

5   19-02-2026             Heard learned counsel for the appellant and learned SPP

                   for the State.

                           2.       The instant appeal has been filed by the appellant

                   against the order dated 31.10.2025 passed by learned District

                   and Additional Session Judge 1st cum Special Judge (SC/ST)

                   Khagaria whereby the prayer for bail of the appellant in

                   connection with Muffasil PS Case No. 112 of 2024 instituted

                   under Sections 191(2), 191(3), 190, 103(1) of the Bharatiya

                   Nyaya Sanhita, 2023, Section 27 of the Arms Act and Section

                   3(2)(v) of SC/ST Act was rejected.

                           3.       This is the second attempt of the appellant for bail.

                   The appellant has renewed his prayer for grant of regular bail
Patna High Court CR. APP (SJ) No.4686 of 2025(5) dt.19-02-2026
                                             2/3




          which was earlier rejected on merit by this Court vide order

          dated 10.04.2025 passed in Cr. Appeal (SJ) No. 153 of 2025,

          taking into account the facts and circumstances of the case.

          Again vide order dated 14.10.2025, passed in Cr. Appeal (SJ)

          No. 3386 of 2025, regular bail of the appellant was dismissed as

          withdrawn.

                  4.      In compliance of the order dated 16.12.2025, a

          report dated 22.12.2025 with regard to the present stage of trial

          has been received. From perusal of the aforesaid report, it

          appears that one (1) out of six (6) prosecution witness has been

          examined.

                  5.      Learned counsel for the appellant submits that the

          appellant is languishing in judicial custody since 10.09.2024

          without any rhymes or reason, having no criminal antecedent.

          Learned counsel for the appellant submits that there is no

          likelihood of the trial being concluded in the near future, hence,

          appellant may be enlarged on bail.

                  6.      Learned SPP for the State opposes the prayer for

          grant of bail. Learned SPP has further relied upon a decision of

          the Hon’ble Apex Court reported in 2024 SCC Online SC 3539

          (X. vs. State of Rajasthan & Anr.), wherein in paragraph No.14,

          Hon’ble Apex Court has observed as under:
           Patna High Court CR. APP (SJ) No.4686 of 2025(5) dt.19-02-2026
                                                        3/3




                                                                       “14.     Ordinarily     in
                                                      serious offences like rape, murder,
                                                      dacoity,       etc.,    once   the     trial
                                                      commences and the prosecution starts
                                                      examining its witnesses, the Court be
                                                      it the Trial Court or the High Court
                                                      should be loath in entertaining the
                                                      bail application of the accused.”
                             7.      There is no new ground to consider the appeal of

                     the appellant. From the aforesaid report, it appears that the trial

                     has commenced.

                             8.      In view of the above, the appeal is again dismissed

                     with a direction to the court below to expedite the trial and

                     conclude the same expeditiously preferably within a period of

                     four months from today. If the trial is not concluded within the

                     period of four months, as stated above, the appellant will be at

                     liberty to renew his prayer before the court below.


                                                                  (Rudra Prakash Mishra, J)

Raj Kishore/-

U      T


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