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Patna High Court

Purushttom KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that there were no sufficient grounds to overturn its earlier order and therefore denied bail.

Summary

The petitioner, Purushttom Kumar, was charged under sections 103(1), 308(2), 351(2), 3(5) of the B.N.S. and section 27(3) of the Arms Act for allegedly assaulting a deceased person. He applied for regular bail for the second time, having been in custody since October 2024. The trial had progressed with eleven of fifteen witnesses already examined. The court noted that the trial was underway and that there were no fresh grounds to revisit its earlier order denying bail. Consequently, the bail application was dismissed, and the earlier order stood affirmed.

Issues considered

  • Whether bail should be granted to the petitioner given the seriousness of the offences and the stage of trial
  • Whether the earlier bail denial order can be reviewed on the present application

Legislation cited

Subjects

  • bail
  • criminal procedure
  • trial progress
  • witness examination
  • Arms Act
  • review of bail order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14714 of 2026
                      Arising Out of PS. Case No.-235 Year-2024 Thana- PASRAHA District- Khagaria
                 ======================================================
                 Purushttom Kumar S/o Paras Singh R/o Village- Mahaddipur, P.S- Pasraha,
                 Dist- Khagaria.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Priyanshu Ranjan, Advocate
                 For the Opposite Party/s :        Mr. Rajendra Singh, APP
                 ======================================================
                 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 Sessions Trial No.

                   163/2025, arising out of Pasraha P.S. Case No. 235/2024, for the

                   offences under sections 103(1), 308(2), 351(2), 3(5) of the

                   B.N.S. and u/s 27(3) of the Arms Act.

                                3. Earlier the bail application of the petitioner was

                   rejected on 02.09.2025 in Cr. Misc. No. 28590 of 2025, which

                   reads as follows:-

                                                         “Heard the learned counsel for
                                              the petitioner, learned counsel for the State
                                              and learned counsel for the informant.
                                                         2. The petitioner seeks bail in
                                              connection with Pasraha P.S. Case No. 235
                                              of 2024 / G.r. No. 3048 of 2024 registered
            Patna High Court CR. MISC. No.14714 of 2026(2) dt.25-02-2026
                                                        2/2




                                            for the offence under Sections 103(1),
                                            308(2), 351(2), 3(5) of the BNS, 2023 and
                                            under Section 27(3) of the Arms Act.
                                                        3. As per the prosecution case, the
                                            petitioner is the assailant of the deceased.
                                                        4. The petitioner is in custody
                                            since 4.10.2024 and in the trial, three
                                            witnesses have already been examined.
                                                        5. In view of the fact that the trial
                                            of the petitioner has already started and is
                                            progressing, this Court is not inclined to
                                            grant bail to the petitioner.
                                                        6. Accordingly, this application is
                                            dismissed.”
                                   4. The petitioner is the assailant of the deceased.

                                   5. In the trial, out of 15 witnesses, 11 witnesses have

                      been examined.

                                   6.Accordingly, this Court finds no ground to review

                      its earlier order. Accordingly, this application for regular bail

                      stands rejected.


                                                 (Sandeep Kumar, J)

Ranjeet/-

U      T


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