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Patna High Court

Rohan Thakur @ Diljale ThakurversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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