Patna High Court
Dhama Mishra @ Premchand Mishra @ Prem Kumar MishraversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that there were no new grounds to review the earlier order and dismissed the bail application.
Summary
Dhama Mishra was charged with murder, criminal conspiracy and illegal possession of arms under IPC sections 302, 120B read with 34 and Arms Act section 27. He applied for regular bail, which was earlier rejected on 9 April 2025. He filed a second bail application, arguing that charges had been framed and he had been in custody since May 2024. The court examined the seriousness of the offences and found no new ground to revisit its earlier order. Consequently, the bail application was dismissed and the Superintendent of Police was directed to ensure witness attendance in the trial.
Issues considered
- Whether the petitioner is entitled to regular bail despite being charged with murder, conspiracy and arms offences
- Whether any new ground exists to review the earlier bail denial
- Whether delay in trial caused by the prosecution warrants bail
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 120B, 302, 34
Subjects
- bail
- murder
- criminal conspiracy
- Arms Act
- regular bail
- trial delay
- witness attendance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90863 of 2025
Arising Out of PS. Case No.-198 Year-2023 Thana- SURYAPURA District- Rohtas
======================================================
Dhama Mishra @ Premchand Mishra @ Prem Kumar Mishra S/o Sri Jagdish
Mishra Resident of Village- Madhukarpur, P.S.- Dinara, Dist.- Rohtas
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nagendra Upadhyay
For the Opposite Party/s : Mr.Anita Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 12-02-2026 Heard the parties.
2. This is the second attempt of the petitioner for
grant of regular bail in connection with Sessions Trial No. 459
of 2024 arising out of Suryapura P.S. Case No. 198 of 2023.
Earlier the bail application of the petitioner was rejected vide
order dated 09.04.2025 passed in Cr. Misc. No. 1937 of 2025
which reads as under:-
“Heard learned counsel for the petitioner, learned
counsel for the informant and learned APP for the State.
2. The petitioner seeks regular bail in connection
with Sessions Trial No. 459 of 2024 arising out of Suryapura P.S.
Case No. 198 of 2023 registered for the offence under Sections
302, 120B read with Section 34 of the Indian Penal Code and
under Section 27 of the Arms Act.
3. As per the prosecution case, the petitioner is said
to have fired at the deceased which killed her.
4. Learned counsel for the petitioner submits that
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there is no motive assigned for the killing of the deceased. He
further submits that the charges have been framed in this case
and the petitioner is in custody since 6.5.2024.
5. Learned counsel for the informant has opposed
the application of the petitioner by submitting that it has come
during investigation that the deceased and the petitioner were in
a relationship and on the night of occurrence, the petitioner and
his office friend went to the house of the deceased and tried to
have sexual relation with her forcibly and upon opposing the
same, she was shot dead. He also undertakes to produce the
witnesses in the trial on the dates fixed in the trial.
6. Considering the facts of the case and the serious
allegations levelled against the petitioner, this Court is not
inclined to grant bail to the petitioner.
7. Accordingly, this application is dismissed.
8. If the trial of the petitioner is delayed due to the
fault of the prosecution side then the petitioner may renew his
prayer for bail. ”
3. It has very fairly been submitted by the learned
counsel for the petitioner that the charge has already been
framed in this case.
4. In view of the fact that the trial is progressing and
the considering the gravity of the offence, this Court finds no
new ground to review its earlier order.
5. Accordingly, this application is dismissed.
6. The Superintendent of Police, Rohtas is directed to
ensure the attendance of the witnesses in the trial.
7. Let a copy of this order be communicated to the
Superintendent of Police, Rohtas through FAX for its
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compliance.
(Sandeep Kumar, J)
Vikas/-
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