Patna High Court
Ravindra MishraversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- KHATIM REZA
Holding
The petitioner is not entitled to bail at this stage of the proceedings.
Summary
The Patna High Court considered the bail application of Ravindra Mishra, who is charged under IPC sections 147, 148, 149, 380, 302, 504 and 506 for allegedly assaulting and killing the father of an informant and also assaulting the informant’s mother. The petitioner claimed innocence, alleging false implication due to a land dispute and argued that the informant was not an eyewitness. The prosecution countered that there are direct allegations against the petitioner and that four witnesses have testified supporting the case. After weighing the seriousness of the offences, the presence of corroborative witness testimony, and the petitioner’s continued custody since October 2023, the court declined to grant bail. The bail application was dismissed and the trial court was directed to expedite the trial within two months.
Issues considered
- Whether the petitioner is entitled to regular bail despite the grave nature of the offences alleged under the IPC.
Legislation cited
- Indian Penal Code — s. 147, 148, 149, 302, 380, 504, 506
Subjects
- bail
- murder
- IPC
- criminal procedure
- land dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3650 of 2026
Arising Out of PS. Case No.-354 Year-2023 Thana- SIKANDRA District- Jamui
======================================================
Ravindra Mishra, S/o Late Ramotar Mishra, R/o Vill.- Lahila, P.S.- Sikandra,
District - Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjiv Kumar Mishra, Sr. Adv.
Mr. Pramod Kumar, Adv.
Mr. Anil Kumar, Adv.
For the Opposite Party/s : Mr. Raj Ballabh Singh, APP
For the Informant : Mr. Sudhanshu Trivedi, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
3 24-02-2026 Heard learned counsel for the petitioner, learned
A.P.P for the State and learned counsel for the informant.
2. The petitioner seeks bail in connection with
Sikandara P.S. Case No. 354 of 2023 dated 20.10.2023
registered for the offence punishable under Sections 147, 148,
149, 380, 302, 504 and 506 of the Indian Penal Code.
3. This is second attempt for grant of regular bail
application to the petitioner.
4. Earlier, vide order dated 09.08.2024 passed in
Criminal Miscellaneous No. 51522 of 2024, the petitioner’s bail
application was rejected by a co-ordinate Bench of this Court.
5. The prosecution case, in brief, is that the informant
alleged that on the date of occurrence all the accused persons
named in the F.I.R. including this petitioner came at her house
and accused Ravindra Mishra (petitioner) assaulted her father
Patna High Court CR. MISC. No.3650 of 2026(3) dt.24-02-2026
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Devendra Mishra on his head with rod and killed him.
Thereafter, co-accused, namely, Satyendra Mishra and Dilip Jha
assaulted informant's mother Mira Devi on her head inside the
house and other accused persons also assaulted her mother due
to which her mother also succumbed to her injuries.
6. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. It is submitted that the petitioner, who is full brother of the
deceased Devendra Mishra, has been falsely implicated in this
case due to land dispute. It is further submitted that the
informant is not an eye witness and she was in Delhi at the time
of incident. The petitioner is in custody since 21.10.2023,
having no criminal antecedent and charge-sheet has been
submitted in the case.
7. Learned A.P.P for the State as well as learned
counsel for the informant has opposed the prayer for bail of the
petitioner and submitted that there is direct and specific
allegation against the petitioner and four witnesses have been
examined during the trial, who have supported the case of the
prosecution. It is further submitted that the petitioner alongwith
other accused persons has brutally assaulted the deceased
persons. The petitioner is said to have assaulted the father of the
Patna High Court CR. MISC. No.3650 of 2026(3) dt.24-02-2026
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informant on his head with rod due to which he died.
8. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, I am
not inclined to grant bail to the petitioner at this stage.
9. Accordingly, the prayer of the petitioner for grant
of bail is rejected.
10. The learned Trial Court is directed to take all
endeavour to conclude the trial at the earliest, preferably, within
two months from the date of receipt/production of a copy of this
order without granting any unnecessary adjournment.
11. The application stands dismissed.
(Khatim Reza, J)
prabhat/-
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