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Patna High Court

Guddu Kumar @ Pankaj Kumar @ PankajversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court dismissed the appellant's application and declined to interfere with the lower court's order.

Summary

Guddu Kumar appealed against the order of the Additional Sessions Judge that rejected his bail applications in a case involving offences under Sections 302, 120(B)/34 of the IPC, Section 27 of the Arms Act and Sections 3(1)(r)(s) and 3(2)(r) of the SC/ST Act. The appellant had been in custody since 25 March 2024 and had previously filed two bail applications which were denied. The State opposed the appellant's application, contending that the trial had been stayed by the High Court on the appellant's request. The Patna High Court examined whether it should interfere with the lower court's decision to deny bail. Finding no compelling reason to intervene, the Court dismissed the appellant's application, leaving the lower court's order intact.

Issues considered

  • Whether the High Court should interfere with the Additional Sessions Judge's order rejecting bail in a case involving IPC, Arms Act and SC/ST Act offences.

Legislation cited

Subjects

  • bail
  • IPC
  • Arms Act
  • SC/ST Act
  • criminal procedure
  • high court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL APPEAL (SJ) No.1206 of 2026
                       Arising Out of PS. Case No.-85 Year-2024 Thana- KARPI District- Jehanabad
                 ======================================================
                 Guddu Kumar @ Pankaj Kumar @ Pankaj S/o Ramratan Singh R/o Village -
                 Hanshraj Bagh, P.S - Karpi, District - Jehanabad

                                                                                   ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar Bihar
           2.    Chandesh Kumar S/o Umesh Ram R/o Village - Khazuri Tola, Ramkishun
                 Bigha, P.S - Karpi, District - Jehanabad

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr.Pritish Kumar Lal
                 For the Respondent/s    :        Mr.Binay Krishna
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   11-05-2026                    Heard the parties.

                                  2. This appeal is preferred against the order dated

                   21.02.2026 passed by the learned Additional Sessions Judge-I-

                   cum-Special Judge, SC/ST (POA) Act, Jehanabad in connection

                   with Karpi P.S. Case No. 85 of 2024 registered for the offence

                   under Sections 302, 120(B)/34 of the Indian Penal Code, under

                   Section 27 of the Arms Act and under Sections 3(1)(r)(s) and

                   3(2)(r) of the SC/ST Act.

                                  3. Earlier the bail applications of the appellant were

                   rejected twice vide orders dated 21.09.2024 and 10.07.2025

                   passed in Cr. Misc. No. 68172 of 2024 and Cr. Misc. No. 27923

                   of 2025 respectively.
          Patna High Court CR. APP (SJ) No.1206 of 2026(3) dt.11-05-2026
                                                       2/2




                                     4. It has been submitted by the learned senior

                    counsel for the appellant that the appellant is in custody since

                    25.03.2024.

                                     5. Learned Spl. P.P. for the State has opposed the

                    application of the appellant and has submitted that the trial of

                    the case has been stopped by this Court on the application of the

                    appellant.

                                     6. In view of the aforesaid facts, this Court is not

                    inclined to interfere in the impugned order.

                                     7. Accordingly, this application stands dismissed.



                                                              (Sandeep Kumar, J)
Vikas/-

U


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