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Patna High Court

Ashutosh Kumar @ Ashutosh Kumar SinghversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court dismissed the bail application, refusing to review its earlier order denying bail.

Summary

The petitioner, Ashutosh Kumar, was arrested in connection with an assault and dacoity case (PS Case No. 459 of 2024) and charged under Sections 309(4) and 311 of the BNS. Two mobile phones and a knife were recovered from him, and he has prior criminal antecedents. He applied for regular bail, which had been rejected on 30‑04‑2025. On a second attempt, the petitioner sought relief, arguing that the earlier order should be reviewed. The court examined the prosecution’s evidence of a serious offence committed in broad daylight, the recovery of weapons, and the petitioner’s criminal record, and concluded that there was no basis to revisit its prior decision. Consequently, the bail application was dismissed again.

Issues considered

  • Whether the petitioner is entitled to regular bail in a case of assault and dacoity under Sections 309(4) and 311 of the BNS
  • Whether the High Court should review its earlier order denying bail

Legislation cited

  • BNS — s. 309(4), 311

Subjects

  • regular bail
  • assault
  • dacoity
  • criminal antecedents
  • Section 309
  • Section 311
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22585 of 2026
                      Arising Out of PS. Case No.-459 Year-2024 Thana- DARIYAPUR District- Saran
                 ======================================================
                 Ashutosh Kumar @ Ashutosh Kumar Singh S/o Late Kamla Singh R/o
                 Village- Baherba Gachhi, PS- Naya Gaon, Distt.- Saran at Chapra

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Nalin Kumar, Advocate
                 For the Opposite Party/s :       Mr.Rajendra Nath Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   30-04-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2. This is the second attempt of the petitioner for

                   grant of regular bail in connection with Dariyapur P.S. Case No.

                   459 of 2024 registered for the offence under Sections 309(4)

                   and 311 of the BNS. Earlier the bail application of the petitioner

                   was rejected vide order dated 30.04.2025 passed in Cr. Misc.

                   No. 23818 of 2025.

                                   3. As per the prosecution case, three unknown

                   criminals have assaulted the victim and committed docoity in

                   broad day light.

                                 4. During investigation, the petitioner was arrested

                   and two mobile phones and one knife has been recovered from

                   the petitioner. The petitioner is in jail since 20.08.2024 and have
              Patna High Court CR. MISC. No.22585 of 2026(2) dt.30-04-2026
                                                          2/2




                        criminal antecedents also.

                                   5. In view of the above, this Court is not inclined to

                        review its earlier order.

                                   6. Accordingly, this application is dismissed again.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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