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Patna High Court

Abhisek @ Shashi Pandit @ Sashi PanditversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Bail was denied and the application was dismissed.

Summary

The petitioner, Abhisek Pandit, was charged under Sections 302 and 392 of the Indian Penal Code and Section 27 of the Arms Act for allegedly murdering a finance‑company collection agent and robbing him of Rs 1,05,000 and documents. The prosecution presented the petitioner’s Aadhar card, the looted amount and his criminal antecedents as material linking him to the crime, while the petitioner’s counsel argued that no substantive evidence connected him and that all witnesses had already been examined, with the trial nearing completion. This was the petitioner’s second bail application; the first had been rejected. The High Court, after hearing both sides, found the material evidence sufficient to deny bail and dismissed the application, directing the trial court to expedite the trial. The bail plea was therefore rejected.

Issues considered

  • Whether bail should be granted to an accused of murder, robbery and arms offences when material evidence (Aadhar card, looted amount) has been recovered from his possession and the trial is near completion

Legislation cited

Subjects

  • bail
  • murder
  • robbery
  • arms act
  • criminal antecedents
  • trial completion
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23902 of 2025
                     Arising Out of PS. Case No.-272 Year-2023 Thana- GORIAKOTHI District- Siwan
                 ======================================================
                 Abhisek @ Shashi Pandit @ Sashi Pandit Son of Umesh Pandit Resident of
                 Village - Bangra, P.S. - Mahrajganj, District -Siwan

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Md Dilshad Alam
                 For the Opposite Party/s :        Mr. Sanjay Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   09-01-2026                  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 Goriakothi P.S. Case

                   No. 272 of 2023 registered for the offence under Sections

                   302/392 of the Indian Penal Code and Section 27 of the Arms

                   Act.

                                3. Earlier the bail application of the petitioner was

                   rejected on 31.07.2024 in Cr. Misc. No. 29910 of 2024 which

                   reads as follows:-

                                                            Heard learned counsel for the
                                              petitioner and learned APP for the State.
                                                          2. The petitioner seeks bail in
                                              connection with Goryakothi P.S. Case No. 272
                                              of 2023 registered for the offence under Sections
                                              302, 392 of the Indian Penal Code and under
                                              Section 27 of the Arms Act.
            Patna High Court CR. MISC. No.23902 of 2025(5) dt.09-01-2026
                                                        2/2




                                                          3. As per the prosecution case, the
                                              deceased was the collection agent of the finance
                                              company. He was shot at by two criminals and
                                              the money collected by the petitioner i.e. Rs.
                                              1,05,000/- along with documents etc. were
                                              looted.
                                                          4. It has been submitted by the
                                              learned counsel for the petitioner that there is no
                                              material against the petitioner to connect him
                                              with the crime.
                                                          5. The petitioner is in custody since
                                              2.11.2023.
                                                          6. Learned counsel for the informant
                                              and learned APP for the State have taken this
                                              Court through the case diary and has submitted
                                              that the aadhar card, looted amount etc.were
                                              recovered from the possession of the petitioner.
                                              They further submit that the petitioner has
                                              criminal antecedents also.
                                                          7. Considering the aforesaid facts,
                                              this Court is not inclined to grant bail to the
                                              petitioner.
                                                          8. Accordingly, this application is
                                              dismissed.
                                                          9. The Court below is directed to
                                              expedite the trial of the petitioner and conclude
                                              the same at the earliest.

                                   4. The learned counsel for the petitioner has very

                      fairly submitted that all the witnesses have been examined in the

                      trial and the trial is on the verge of completion.

                                   5. In view of the above, this application is dismissed.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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