Patna High Court
Abhishek Kumar Mishra @ Abhishek Mishra@ Happy MishraversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The court held that bail must be denied in view of the seriousness of the offence, the commencement of trial, and the incriminating confessional statement.
Summary
The petitioner, Abhishek Kumar Mishra, sought bail in a murder case (Benipatti P.S. Case No. 246 of 2024) involving offences under the Bharatiya Nyaya Sanhita, 2023 and the Arms Act. The prosecution alleged that the deceased was lured and shot on 20‑10‑2024 as part of a pre‑planned conspiracy, and a co‑accused’s confessional statement implicated the petitioner. The petitioner argued innocence, lack of incriminating material in his possession, and that the charge‑sheet was vague, citing that another co‑accused had been granted bail. The State opposed bail, relying on witness statements and the Supreme Court precedent that courts should be loath to grant bail in serious offences once trial has commenced. The High Court, considering the gravity of the offence, the ongoing trial, and the confessional evidence, refused bail and directed the trial court to expedite the proceedings, allowing a fresh bail application after five months if the trial remains pending.
Issues considered
- Whether bail can be granted to an accused in a murder case when the trial is already in progress.
- Whether the confessional statement of a co‑accused implicating the petitioner justifies denial of bail.
- Whether the Supreme Court precedent (X vs. State of Rajasthan) is applicable to the present bail application.
- How the provisions of the Bharatiya Nyaya Sanhita and the Arms Act influence bail decisions.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 27, 35
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5), 61(2)
Subjects
- bail
- murder
- serious offence
- confessional statement
- Bharatiya Nyaya Sanhita
- Arms Act
- trial acceleration
- Supreme Court precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67437 of 2025
Arising Out of PS. Case No.-246 Year-2024 Thana- BENIPATTI District- Madhubani
======================================================
Abhishek Kumar Mishra @ Abhishek Mishra@ Happy Mishra S/o Ratish
Mishra R/o vill - Dhanauja, P.S.- Benipatti, Distt.- Madhubani, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jagnnath Singh, Advocate
For the Opposite Party/s : Mr. Aditya Narayan Singh.1, APP
For the Informant : Mr. Ankit Raj, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 02-02-2026 Heard learned counsel for the petitioner, learned
APP for the State, learned counsel for the informant and perused
the case diary.
2. The petitioner seeks bail in connection with
Benipatti P.S. Case No. 246 of 2024, instituted for the offences
punishable under Sections 103(1), 61(2), 3(5) of the Bharatiya
Nyaya Sanhita, 2023, read with Sections 25(1-B)(a), 26, 27 and
35 of the Arms Act.
3. The prosecution case, in short, is that on the
intervening night of 20.10.2024, the deceased was lured out of
his house on the pretext of telephonic calls and was thereafter
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found shot near a grocery shop at village Dhanauja. The
deceased was immediately taken to S.D. Hospital, where he was
declared dead. It is further alleged that the said murder was
committed in furtherance of a pre-planned criminal conspiracy
by the accused persons.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. Charge-sheet has been submitted in this case. No
incriminating material has been recovered from the conscious
possession of the petitioner. Learned counsel for the petitioner
also submitted that no specific allegation has been attributed
against the petitioner rather the same is general and omnibus in
nature. It is next submitted that the petitioner has been arrested
only on the basis of suspicion. The petitioner is in custody since
23.04.2025 and has got two criminal antecedents. Learned
counsel for the petitioner further submitted that other co-
accused has been granted regular bail by this Court vide order
dated 09.01.2026 passed in Cr. Misc. No. 86410 of 2025.
5. Learned APP for the State and learned counsel for
the informant have vehemently opposed the prayer for grant of
bail to the petitioner. It is also submitted that witnesses have
supported the prosecution case at paragraph nos. 15 and 16 of
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the case diary. Confessional statement of co-accused Krishna
Kumar has been recorded at paragraph no. 110 of the case diary
wherein he had admitted the involvement of the petitioner in the
alleged crime. Learned counsel for the informant submitted that
the trial is in progress and one witness has already been
examined in this case. Learned counsel for the informant relied
upon a decision of the Hon’ble Apex Court reported in 2024
SCC OnLine SC 3539 (X. vs. State of Rajasthan & Anr.),
wherein in paragraph no. 14, the Hon’ble Apex Court has held
as under:
“14. Ordinarily in serious offences
like rape, murder, dacoity, etc., once the trial
commences and the prosecution starts
examining its witnesses, the Court, be it the
Trial Court or the High Court should be
loath in entertaining the bail application of
the accused.”
6. Considering the aforesaid facts and circumstances
of the case, nature of accusation and the gravity of the offence,
this Court is not inclined to grant bail to the petitioner.
7. The prayer is rejected. The trial Court is directed to
expedite the Trial. However, if the trial is not concluded within a
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period of five months from the date of receipt/production, the
petitioner will have liberty to renew his prayer for bail in the
Court below.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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