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Patna High Court

Abhishek Kumar Mishra @ Abhishek Mishra@ Happy MishraversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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
Patna High Court CR. MISC. No.67437 of 2025(3) dt.02-02-2026
                                            2/4




          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
Patna High Court CR. MISC. No.67437 of 2025(3) dt.02-02-2026
                                            3/4




          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
             Patna High Court CR. MISC. No.67437 of 2025(3) dt.02-02-2026
                                                         4/4




                       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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