Patna High Court
Kamlesh Kumar @ KashyapversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Arms Act — s. 25(1-b)a, 26, 35
- Bharatiya Nyaya Sanhita — s. 3(5)
- Indian Penal Code — s. 309(4), 309(6), 317(5)
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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