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Patna High Court

Abhishek Mishra @ Rinku MishraversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Bail was denied and the application was dismissed.

Summary

The petitioner, Abhishek Mishra, applied for bail in a case registered under Sections 25(1-b)a, 26 and 35 of the Arms Act. The prosecution alleged that a pistol and a mobile phone were recovered from him, and he has been in custody since August 2023. The petitioner is also accused in nine other cases, including two murders, dacoity and other Arms Act offences, with five of ten witnesses already examined. The Court, noting the gravity of the offences, the commencement of trial and the petitioner’s extensive criminal antecedents, declined to grant bail, reaffirming its earlier order. The judgment expressly limited its observations to the bail application and did not express any opinion on the merits of the underlying criminal case.

Issues considered

  • Whether bail should be granted to a petitioner accused under Sections 25(1-b)a, 26 and 35 of the Arms Act, considering the seriousness of the offence and the petitioner’s prior criminal record.
  • Whether the commencement of trial and the presence of multiple serious charges preclude the grant of bail.

Legislation cited

Subjects

  • bail
  • Arms Act
  • criminal procedure
  • serious offences
  • prior convictions
  • trial commencement

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20540 of 2026
                     Arising Out of PS. Case No.-168 Year-2023 Thana- PANDAUL District- Madhubani
                 ======================================================
                 Abhishek Mishra @ Rinku Mishra S/O Sunil Kumar Mishra @ Sunil Mishra
                 R/O Village- Domantha Mahadev Mandir, P.S- Pandaul, District- Madhubani.
                                                                          ... ... Petitioner/s
                                                Versus
                 The State of Bihar Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.Jitendra Kumar Bharti, Advocate
                 For the State           :        Mr.Rajesh Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   30-04-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. This is the third attempt on behalf of the petitioner

                   for grant of bail in connection with Pandaul P.S. Case No. 168

                   of 2023 registered for the offence under Sections Sections 25(1-

                   b)a, 26, 35 of the Arms Act.

                                 3. Earlier the bail application of the petitioner has

                   been rejected vide order dated 21.02.2025 passed in Cr. Misc.

                   No. 6417 of 2025, which reads as under:

                                             “Heard learned counsel for the
                                  petitioner and learned APP for the State.
                                             2. The petitioner seeks bail in
                                  connection with Pandaul P.S. Case No. 168 of
                                  2023 registered for the offence under Sections
                                  25(1-b)a, 26, 35 of the Arms Act.
                                             3. As per the prosecution case, one
                                  country made pistol and one mobile phone has
                                  been recovered from the petitioner who is in jail
                                  since 10.08.2023.
                                             4. The petitioner is accused in eight
           Patna High Court CR. MISC. No.20540 of 2026(2) dt.30-04-2026
                                                       2/2




                                   more cases of serious and similar nature.
                                              5. Considering the antecedents of the
                                   petitioner, this Court is not inclined to grant bail
                                   to the petitioner.
                                              6. Accordingly, this application is
                                   dismissed.”

                                  4. The petitioner is accused in nine cases, out of

                     which there are two cases of murder and other cases are of

                     dacoity and Arms Act. In the trail out of ten witnesses, five

                     witnesses have been examined.

                                  5. Considering the gravity of the offence and the fact

                     that the trial has started, I am not inclined to review my earlier

                     order.

                                  6. Accordingly, the application stands dismissed.

                                  7. It is, however, clarified that the observations made

                     herein are limited to the adjudication of the present bail

                     application and shall not prejudice the case of the petitioner at

                     any subsequent stage of the trial and this Court has not express

                     any opinion on the merits of the case.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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