Patna High Court
Abhishek MishraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Abhishek Mishra, was arrested in connection with a robbery on 24‑11‑2025 where an informant was threatened with a firearm and his cash and documents were stolen. He is charged under Section 309(6) of the Bihar Negotiable Instruments Act and Section 27 of the Arms Act. The petitioner contended that he is innocent, has a clean antecedent, no contraband was recovered from him, and his name appears only in the co‑accused’s confessional statement. The State opposed the bail application, arguing the seriousness of the offences. The Court, after considering the facts, granted regular bail on a bond of Rs 10,000 with two sureties, subject to the petitioner’s cooperation in the trial.
Issues considered
- Whether bail should be granted to the accused in a case involving offences under Section 309(6) of the Bihar Negotiable Instruments Act and Section 27 of the Arms Act.
Legislation cited
- Arms Act — s. 27
- Bihar Negotiable Instruments Act — s. 309(6)
Subjects
- bail
- regular bail
- Arms Act
- robbery
- criminal procedure
- Bihar Negotiable Instruments Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9155 of 2026
Arising Out of PS. Case No.-335 Year-2025 Thana- SINGHWARA District- Darbhanga
======================================================
Abhishek Mishra Son of Sunand Mishra Resident of Village- Lalpur
Singhwara, P.S.- Singhwara, Dist- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Saurav Anand
For the Opposite Party/s : Mr.Ahmad Ali
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
2 26-02-2026 Heard learned counsel for the petitioner as well
as learned APP for the State.
2. In this case, the petitioner is seeking regular bail
in connection with Singhwara P.S. Case No. 335 of 2025,
registered for the offences punishable under Sections 309(6) of
the BNS and Section 27 of Arms Act.
3. The prosecution case in brief is that on
24.11.2025, the informant Bhola Yadav was returning to his CSP
shop after withdrawing ₹3,50,000 from the bank. In the way,
three unknown criminals intercepted him, threatened him with
firearm, fired shots to create fear, and forcibly snatched his bag
containing cash and important documents, along with his
motorcycle key, before fleeing from the spot.
Patna High Court CR. MISC. No.9155 of 2026(2) dt.26-02-2026
2/2
4. The learned counsel for the petitioner has
submitted that the petitioner is innocent and has falsely been
implicated. He is a person of clean antecedent. Nothing was
recovered from his possession and his name has figured in
confessional statement of co-accused. Except that, there is
nothing against him. He is under custody since 02.12.2025.
5. On the other hand, the learned APP for the State
has opposed the prayer for bail.
6. Considering the above-mentioned facts and
circumstances, let the petitioner above-named be released on
bail on furnishing bail bonds of Rs.10,000/- with two sureties
of the like amount each to the satisfaction of learned A.C.J.M-
VII, Darbhanga in connection with Singhwara P.S. Case No.
335 of 2025, subject to the condition that the petitioner shall
cooperate in the disposal of trial and make himself available as
and when required by the court.
(Nawneet Kumar Pandey, J)
kundan/-
U T
Checking your session…