Patna High Court
Rajiv Kumar Mishra @ Rajeev Kumar Mishra @ Rajiv Mishra @ Rajiv KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that there were no new grounds to review the earlier order and therefore bail was not granted.
Summary
The petitioner, Rajiv Kumar Mishra, applied for regular bail in a case involving kidnapping, kidnapping for ransom, murder and concealment of evidence under IPC sections 363, 364, 302, 201 and 34. The prosecution alleged that the petitioner and co‑accused killed the deceased, motivated by a love affair, and the petitioner had given a self‑inculpatory statement. The High Court had earlier rejected the bail application on 25‑09‑2024. In the present application, the petitioner sought relief on the ground of no new material, but the State highlighted the forensic report and the self‑inculpatory statement naming the petitioner. The Court found no fresh ground to revisit its earlier order and consequently dismissed the bail application.
Issues considered
- Whether bail should be granted to the accused in a kidnapping and murder case under IPC sections 363, 364, 302, 201 and 34.
- Whether the earlier denial of bail can be reviewed in the absence of new material or changed circumstances.
Legislation cited
- Indian Penal Code — s. 201, 302, 34, 363, 364
Subjects
- bail
- kidnapping
- murder
- self‑inculpatory statement
- Indian Penal Code
- Criminal Procedure
- love affair motive
- review of bail order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29552 of 2025
Arising Out of PS. Case No.-92 Year-2024 Thana- PUPRI District- Sitamarhi
======================================================
Rajiv Kumar Mishra @ Rajeev Kumar Mishra @ Rajiv Mishra @ Rajiv
Kumar Son of Sri Lakshman Mishra Village- kharajpur PS -Bahadurpur
District -Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amrit Abhijat
For the Opposite Party/s : Mr.Mithlesh Kumar Khare
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
7 10-02-2026 Heard the parties.
2. This is the second attempt of the petitioner for grant
of regular bail in connection with Pupri P.S. Case No. 92 of
2024 registered for the offence under Sections 363 of the Indian
Penal Code but later Sections 364, 302, 201/34 of the Indian
Penal Code were also added. Earlier the bail application of the
petitioner was rejected vide order dated 25.09.2024 passed in
Cr. Misc. No. 57411 of 2024 which reads as under:-
1. Heard learned counsel for the
petitioner and learned APP for the State.
2. The petitioner seeks bail in connection
with Pupri P.S. Case No. 92 of 2024 registered for
the offence punishable under Sections 363 of the
Indian Penal Code and later on Section 364, 302,
201/34 of the IPC was added.
Patna High Court CR. MISC. No.29552 of 2025(7) dt.10-02-2026
2/3
3. As per the prosecution case, the
petitioner is accused of kidnapping and killing the
deceased.
4. The deceased was killed by unknown
criminals. For the allegation of killing the
deceased, the written report was given by the
informant to the S.S.P., Sitamarhi in the year, 2022
but the FIR was registered pursuant to the
interference of this Court in a Criminal Writ
Jurisdiction and thereafter, the criminals were
arrested. The petitioner and other co-accused have
given their self-inculpatory statement that they had
brutally killed the deceased. The petitioner is in
custody since 22.04.2024. The occurrence have
taken place because of love affair of the deceased
with the wife of the petitioner.
5. Considering the aforesaid facts and
circumstances of the case, I am not inclined to
grant bail to the petitioner .
6. This application is dismissed.
3. Learned counsel for the State submits that the FSL
report has been received in the Court. He further submits that
the dead body of the deceased was recovered at the instance of
one Arvind Jha who has named the petitioner in his self
inculpatory statement.
4. In view of the above, this Court finds no new
ground to review its earlier order.
Patna High Court CR. MISC. No.29552 of 2025(7) dt.10-02-2026
3/3
5. Accordingly, this application is dismissed.
(Sandeep Kumar, J)
Vikas/-
U
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