Patna High Court
Abhishek Mishra @ Rinku MishraversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Arms Act — s. 25(1-b)a, 26, 35
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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