Patna High Court
Balmiki MishraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
Balmiki Mishra applied for bail in a case registered under Section 396 of the IPC and Section 27 of the Arms Act, alleging robbery and the death of a victim. The prosecution alleged that six miscreants looted a jewellery shop, resulting in a fatal injury to Akash Kumar Soni. The petitioner contended he was not named in the FIR, his name only appeared in a co-accused's confessional statement, and he was not among the eight persons charge‑sheeted, who were later acquitted. He also highlighted a single prior criminal case for which he was already on bail. The High Court, after considering the lack of direct incriminating evidence and the acquittal of co‑accused, granted bail with a cash bond of Rs.10,000 and two sureties, imposing conditions of personal appearance, a close relative as bailor, and verification of antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under IPC Sec. 396 and Arms Act Sec. 27.
- Whether the petitioner’s non‑inclusion in the FIR and charge‑sheet, and the acquittal of co‑accused, negate the necessity for continued detention.
- Whether the petitioner’s existing criminal antecedent warrants denial of bail.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 396
Subjects
- bail
- dacoity
- arms act
- criminal antecedent
- acquittal
- false implication
- IPC
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85973 of 2025
Arising Out of PS. Case No.-390 Year-2023 Thana- GAUTAMBUDHNAGAR District-
Siwan
======================================================
Balmiki Mishra S/O Late Prabhunath Mishra R/O Vill.- Barka Gaon,
Bharthawaliya,P.S.- Pachrukhi District- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raghav Prasad, Adv.
For the Opposite Party/s : Mr.Md. Ataur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 09-01-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner seeks bail in connection with G.B.
Nagar P.S. Case No. 390 of 2023 and S. Tr. No. 512 of 2025
registered for the offence(s) punishable under Section(s) 396 of
the Indian Penal Code and Section 27 of the Arms Act.
3. As per the prosecution case, the informant has
alleged that around six miscreants had looted his jewellery shop
on the point of pistol. It has next been alleged that one Akash
Kumar Soni had also received injuries and subsequently
succumbed to such injuries.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.85973 of 2025(2) dt.09-01-2026
2/3
case. The petitioner is not named in the FIR and the name of the
petitioner has surfaced in the confessional statement of the co-
accused person. It has next been submitted that no such
incriminating article has been recovered from his conscious
possession. It has next been submitted that there was an
allegation of six co-accused persons who have committed the
alleged offence. However, police submitted charge-sheet against
the eight accused persons and the petitioner was not amongst
those eight persons. Learned counsel has further been submitted
that the eight charge-sheeted co-accused persons who were put
on trial have been acquitted by the judgment and the order dated
31.01.2025. It has lastly been submitted that the petitioner has
one criminal antecedent in which he is on bail and he is in
custody since he surrendered on 18.10.2024.
5. Learned A.P.P. has vehemently opposed the prayer
for bail of the petitioner.
6. Considering the facts and circumstances of the
case, the petitioner is directed to be released on bail on his
furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Court concerned, Siwan in connection with S. Tr. No.
512 of 2025 arising out of G.B. Nagar P.S. Case No. 390 of
Patna High Court CR. MISC. No.85973 of 2025(2) dt.09-01-2026
3/3
2023, subject to the following terms and conditions :-
(i) One of the bailors shall be a close relative of the
petitioner.
(ii) The petitioner shall remain physically present
before the concerned Court on each and every date of the trial
and shall cooperate in the investigation.
(iii) In case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bond of the petitioner
will be liable to be cancelled by the Court concerned.
(iv) The trial court shall verify the criminal antecedent
of the petitioner and in case, at any stage, it is found that the
petitioner has concealed his criminal antecedents, the trial court
shall take necessary steps for cancellation of bail bond of the
petitioner. However, the acceptance of bail bond in terms of the
above mentioned order shall not be delayed for purpose of or in
the name of verification.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
Gautam/-
U T
Checking your session…