Patna High Court
Chhotu Mishra @ Krishna KanhiyaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- R P MISHRA
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
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 190, 191(2), 191(3)
- SC/ST (Prevention of Atrocities) Act — s. 3(2)(v)
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
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“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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