Patna High Court

Shivam Kumar @ Shivam Kumar MishraversusThe State of Bihar

Decided: 10 February 2026
Disposal: DISMISSED
Bench: SANDEEP KUMAR

Holding

The court dismissed the petitioner's application for regular bail.

Summary

Shivam Kumar Mishra was arrested in connection with a murder case (Section 302/34 IPC) and an offence under Section 27 of the Arms Act. He applied for regular bail for the second time after his earlier bail plea was rejected. The petitioner claimed innocence, arguing that only two witnesses had been examined and that he had been in custody since 22 November 2023. The informant opposed the bail, stating she would examine witnesses and would not delay the trial. The court observed that the trial was already progressing. Consequently, the court dismissed the bail application.

Issues considered

Whether the petitioner is entitled to regular bail in a murder and arms case where the trial is underway.

Legislation cited

Arms Act — s. 27
Indian Penal Code — s. 302, 34

Subjects

regular bail
murder
Arms Act
trial progression
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32779 of 2025
                    Arising Out of PS. Case No.-946 Year-2023 Thana- AHIYAPUR District- Muzaffarpur
                 ======================================================
                 Shivam Kumar @ Shivam Kumar Mishra S/O Ashok Kumar Mishra R/O
                 Village- Sahbajpur, P.S- Ahiyapur, Distt.- Muzaffarpur, Bihar.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. P.N. Shahi, Sr. adv
                                                  Mr.Amit Anand
                 For the Opposite Party/s :       Mr.Ahmad Ali
                 For the Informant        :       Mrs. Priyam Kumari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   10-02-2026                    Heard the parties.

                                 2. This is the second attempt of the petitioner for grant

                   of regular bail in connection with Ahiyapur P.S. Case No. 946 of

                   2023 registered for the offence under Section 302/34 of the

                   Indian Penal Code and under Section 27 of the Arms Act.

                   Earlier the bail application of the petitioner was rejected vide

                   order dated 31.07.2024 passed in Cr. Misc. No. 29237 of 2024.

                                 3. It has been submitted by the learned senior counsel

                   for the petitioner that the petitioner is innocent and has falsely

                   been implicated in this case and in the trial, only two witnesses

                   have been examined. The petitioner is in custody since

                   22.11.2023.

                                 4. Learned counsel for the informant has opposed the
          Patna High Court CR. MISC. No.32779 of 2025(5) dt.10-02-2026
                                                      2/2




                    application of the petitioner and has submitted that the

                    informant will examine the witnesses in the trial and she

                    undertakes that the informant will not delay the trial.

                                 5. In view of the fact that the trial is progressing, this

                    application is dismissed.



                                                              (Sandeep Kumar, J)
Vikas/-

U

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