Patna High Court
Rohan Thakur @ Diljale ThakurversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was not granted; the application was dismissed.
Summary
The petitioner, Rohan Thakur, applied for bail in a case registered under sections 399, 402, 120‑B of the Indian Penal Code and sections 25(1B)(a), 26 and 35 of the Arms Act, alleging that police had recovered a pistol, cartridges and mobile phones from alleged co‑accused who claimed the petitioner was their associate in a planned robbery. The petitioner is also implicated in fifteen other criminal cases, with the trial currently at the argument stage. Counsel for the petitioner argued that the prosecution was causing undue delay. The court examined the seriousness of the offences, the petitioner’s antecedents and the pending stage of trial, and concluded that these factors outweighed any claim of delay. Consequently, the bail application was dismissed, and the court directed that the prosecution should not further delay the arguments.
Issues considered
- What is the appropriate consideration for granting bail in a case involving serious offences such as dacoity, robbery, criminal conspiracy and violations of the Arms Act?
- Does the alleged delay by the prosecution justify the grant of bail to the petitioner?
- Do the petitioner’s multiple pending criminal cases and the stage of trial affect the bail decision?
Legislation cited
- Arms Act — s. 25(1B)(a), 26, 35
- Indian Penal Code — s. 120-B, 399, 402
Subjects
- bail
- criminal conspiracy
- robbery
- dacoity
- Arms Act
- high court
- pre‑trial detention
- prosecution delay
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12330 of 2026
Arising Out of PS. Case No.-147 Year-2021 Thana- BUXAR District- Buxar
======================================================
Rohan Thakur @ Diljale Thakur Son of Late Sushil Thakur @ Sushil Kumar
Thakur Resident of Village- Mitralok Colony Buxar, P.S.- Buxar (M),
District- Buxar
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Manish Rai Sharma, Advocate
For the Opposite Party : Mr. Rajendra Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Buxar (Town) P.S. Case No.147 of 2021 registered for the
offence under sections 399, 402, 120-B of the Indian Penal
Code and under section 25(1B)a, 26 and 35 of the Arms Act.
3. While some criminals were trying to commit
an offence, they were apprehended by the police and the police
recovered country made pistol, cartridge and mobile phones
from them. The apprehended accused persons have taken the
name of the petitioner as their associate and they also disclosed
that they were planning to commit robbery.
4. The petitioner is accused in fifteen more
criminal cases and the trial is at the stage of argument.
Patna High Court CR. MISC. No.12330 of 2026(2) dt.23-02-2026
2/2
5. Learned counsel for the petitioner has
submitted that the argument of the case is being delayed by the
prosecution.
6. Considering the nature of allegation, the
antecedents of the petitioner and also the fact that the trial is at
the verge of argument stage, I am not inclined to grant bail to
the petitioner. Accordingly, this bail application is dismissed.
The prosecution will not delay the argument.
(Sandeep Kumar, J)
pawan/-
U T
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