Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The application for regular bail is dismissed as there is no new ground to review the earlier order.
Summary
Rahul Kumar was arrested in connection with a case registered under Section 394 of the Indian Penal Code (dacoity) and Section 27 of the Arms Act for allegedly shooting at an informant and committing loot. He made a self‑inculpatory statement and has been in custody since 28‑11‑2023. The petitioner filed a second application for regular bail after an earlier bail application was rejected on 31‑07‑2024. The State argued that witnesses are being examined and the trial is progressing. The Court found no new ground to revisit its earlier order and therefore dismissed the bail application, refusing regular bail.
Issues considered
- Whether the petitioner is entitled to regular bail in view of the earlier denial and the absence of any new material or ground.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 394
Subjects
- bail
- regular bail
- IPC Section 394
- Arms Act Section 27
- pre‑trial detention
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23398 of 2025
Arising Out of PS. Case No.-77 Year-2023 Thana- SINGHESHWAR District- Madhepura
======================================================
Rahul Kumar S/o- Late Ramchandra Yadav Village - Padampur, ward no. 09,
P.S. - Bihra, District - Saharsa
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar
Mr.Kuldeep Kumar
Mr. Bimlesh Kumar Dhiraj
For the Opposite Party/s : Mr.Amitesh Kumar
Mr. Jharkhandi Upadhyay
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 10-02-2026 Heard the parties.
2. This is the second attempt of the petitioner for grant
of regular bail in connection with Singheshwar P.S. Case No. 77
of 2023 registered for the offence under Sections 394 of the
Indian Penal Code and under Sections 27 of the Arms Act.
Earlier the bail application of the petitioner was rejected vide
order dated 31.07.2024 passed in Cr. Misc. No. 31549 of 2024
which reads as under:-
Heard learned counsel for the petitioner
and learned Additional Public Prosecutor for the
State.
2. The petitioner seeks bail in connection
with Singheshwar P.S. Case No. 77/2023 registered
for the offence punishable under Sections 394 of
Patna High Court CR. MISC. No.23398 of 2025(5) dt.10-02-2026
2/2
the Indian Penal Code and Section 27 of the Arms
Act.
3. The informant was shot at and loot
was committed. Three criminals were involved in
the crime. During the investigation, the petitioner
has made a self inculpatory statement and is in jail
since 28.11.2023.
4. Considering the facts and
circumstances of the case, I am not inclined to
grant him bail. It is accordingly dismissed.
3. Learned counsel for the State submits that
witnesses are being examined in this case and trial is
progressing.
4. In view of the above, this Court finds no new
ground to review its earlier order.
5. Accordingly, this application is dismissed.
(Sandeep Kumar, J)
Vikas/-
U
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