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Patna High Court

Kamlesh Kumar @ KashyapversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court upheld the earlier order and denied bail to the petitioner.

Summary

Petitioner Kamlesh Kumar, accused of loot and other offences under Sections 309(4), 309(6), 317(5) of the Indian Penal Code, Section 3(5) of the Bharatiya Nyaya Sanhita and Sections 25(1‑b)a, 26 and 35 of the Arms Act, applied for regular bail. The application was his second attempt after a prior bail denial on 09‑07‑2025. The court noted that the charges have been framed and the trial has commenced, and found no merit to revisit its earlier decision. Consequently, the bail application was rejected and the trial court was directed to expedite the trial. The order reaffirmed the earlier stance that the nature of the allegations did not warrant bail.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the seriousness of the offences and the commencement of trial

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Indian Penal Code
  • Bharatiya Nyaya Sanhita
  • Arms Act
  • trial expediting

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14217 of 2026
                      Arising Out of PS. Case No.-89 Year-2025 Thana- NAANPUR District- Sitamarhi
                 ======================================================
                 Kamlesh Kumar @ Kashyap S/o- Late Ramdev Sahani R/v- Tharuhat Ps-
                 Nanpur Dist- Sitamarhi

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ravindra Nath Dubey
                 For the Opposite Party/s :        Mr. Binod Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   25-02-2026                    Heard the learned counsel for the petitioner and the

                   learned APP for the State.

                                2. This is the 2nd attempt of the petitioner. The

                   petitioner seeks bail in connection with Nanpur P.S. Case No. 89

                   of 2025, registered for the offence under Sections of the Indian

                   Penal Code.

                                3. Earlier the bail application of the petitioner was

                   rejected on 09.07.2025 in Cr. Misc. No. 41274 of 2025 which

                   reads as follows:-

                                                        “Heard learned counsel for the
                                              petitioner and learned APP for the State.
                                                        2. The petitioner seeks bail in
                                              connection with Nanpur P.S. Case No. 89 of
                                              2025 registered for the offence punishable
                                              under Sections 309(4), 309(6), 317(5)and
            Patna High Court CR. MISC. No.14217 of 2026(2) dt.25-02-2026
                                                        2/2




                                              3(5) of the Bharatiya Nyaya Sanhita and
                                              Section 25(1-b)a, 26 and 35 of the Arms Act.
                                                            3. The petitioner is accused of
                                              committing loot and has been identified in
                                              T.I. parade. The petitioner is in custody since
                                              23.02.2025.
                                                            4. Considering the nature of
                                              allegation levelled against the petitioner, I
                                              am not inclined to grant bail to the
                                              petitioner.
                                                            5. Accordingly, the application
                                              stands dismissed for the present.”
                                   4. Learned counsel further submits that the charge has

                      been framed and the trial has started. This Court finds no ground

                      to review its earlier order. Accordingly, this application for

                      regular bail stands rejected.

                                   5. The trial court is directed to expedite the trial at the

                      earliest.


                                                         (Sandeep Kumar, J)

Ranjeet/-

U      T


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