Patna High Court
Sandeep KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail must be denied and the application dismissed, as there were no grounds to review the earlier order.
Summary
The petitioner, Sandeep Kumar, was arrested in connection with a planned murder and charged under Sections 126(2), 115(2), 103(1) and 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. The FIR alleges that he participated in a conspiracy to lure the deceased to a cemetery where the killing took place. The petitioner filed a second bail application after an earlier bail plea was rejected on 23 July 2025. The State opposed the bail, emphasizing the seriousness of the offences and the petitioner’s continued custody since 12 November 2024. The Patna High Court found no merit to revisit its earlier order and dismissed the bail application, directing the trial judge to frame charges and proceed with trial. The court also clarified that its observations are prima facie and should not influence the merits of the forthcoming trial.
Issues considered
- Whether the petitioner is entitled to bail despite the grave nature of the offences and prior bail denial
- Whether the earlier bail order can be reviewed in a subsequent application
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 103(1), 115(2), 126(2), 3(5)
Subjects
- bail
- conspiracy to murder
- Arms Act
- Bharatiya Nyaya Sanhita
- criminal procedure
- trial proceedings
- review of bail order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19959 of 2026
Arising Out of PS. Case No.-161 Year-2024 Thana- KASHICHAK District- Nawada
======================================================
Sandeep Kumar Son of Late Dinesh Ravidas Resident of Village - Bauri,
Police Station - Kashichak, District - Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sudish Kumar
For the Opposite Party/s : Mr. Upendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 30-04-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. This is the 2nd attempt of the petitioner seeking bail
in connection with Kashichak P.S. Case No. 161 of 2024
registered for the offence punishable under Sections 126(2),
115(2), 103(1) and 3(5) of the Bharatiya Nyaya Sanhita and
Section 27 of the Arms Act.
3. Earlier the bail application of the petitioner was
rejected on 23.07.2025 in Cr. Misc. No. 18756 of 2025 which
reads as follows:-
Heard learned Senior Counsel for the
petitioner and learned APP for the State.
2. The petitioner seeks bail in connection
with Kashichak P.S. Case No. 161 of 2024 registered for
the offence punishable under Sections 126(2), 115(2),
103(1) and 3(5) of the Bharatiya Nyaya Sanhita and
Section 27 of the Arms Act.
3. As per the FIR, one Mohit is the assailant
of the deceased.
4. During investigation, it has come that it is
Patna High Court CR. MISC. No.19959 of 2026(2) dt.30-04-2026
2/2
a planned murder and the petitioner has participated in
the conspiracy to call the deceased at the Qabristan on
the Toto of one Sanjay Rajak and there he was killed. The
petitioner is accused in the conspiracy of killing the
deceased. He is in jail since 12.11.2024.
5. Learned APP appearing for the State and
learned counsel for the informant has vehemently
opposed the prayer for bail.
6. Considering the aforesaid fact, this
application is dismissed.
4. The case has been committed for trial. This Court
finds no ground to review its earlier order. Accordingly, this
application for regular bail stands rejected.
5. The Trial Judge is directed to frame the charges and
proceed with the trial.
6. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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