Patna High Court
Gokul KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The application for regular bail was dismissed; the petitioner is not entitled to bail.
Summary
Gokul Kumar was charged under IPC sections 413, 414 and 34 and NDPS Act sections 20(b)(ii)(B), 23(c) and 27(b) for possession of 25.3 kg of ganja, a motorcycle, looted bank items and cash. The prosecution recovered the seized material and charges have been framed, with the trial already underway. The petitioner filed a second regular bail application after an earlier bail denial. The High Court examined the gravity of the offences and the fact that the trial had commenced. Finding no sufficient ground to revisit its earlier order, the Court dismissed the bail application and directed the lower court to expedite the trial and ensure witness attendance. The order was communicated to the Superintendent of Police for compliance.
Issues considered
- Whether regular bail should be granted to the petitioner given the seriousness of the offences and the commencement of trial
Legislation cited
- Indian Penal Code — s. 34, 413, 414
- Narcotic Drugs and Psychotropic Substances Act — s. 20(b)(ii)(B), 23(c), 27(b)
Subjects
- regular bail
- IPC
- NDPS Act
- gravity of offence
- trial commencement
- witness attendance
- bail application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24176 of 2026
Arising Out of PS. Case No.-145 Year-2023 Thana- BIDUPUR District- Vaishali
======================================================
Gokul Kumar Son of Lal Babu Mahto Resident of Village - Gandhi Chok,
Pokhra Mohalla, P.S.- Town Hajipur, District - Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vasant Vikas, Advocate
For the Opposite Party/s : Mr.Md. Mushtaque Alam,APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 01-05-2026 Heard the parties.
2. This is the second attempt of the petitioner for grant
of regular bail in connection with Bidupur P.S. Case No. 145 of
2023 registered for the offence under Sections 413, 414 and 34
of the Indian Penal Code and under Section 20(b)(ii)(B), 23(c),
27(b) of the NDPS Act. Earlier the bail application of the
petitioner was rejected vide order dated 14.03.2024 passed in
Cr. Misc. No. 18063 of 2024.
3. As per the prosecution case, 25.300 kgs of Ganja,
one motorcycle, looted article from the Indian Bank Allahabad
CSP i.e. a laptop, laptop charger, two finger print machine,
mobile charger, ten passbooks of Allahabad Savings Account
and cash of Rs. 13,170/- were recovered from the petitioner.
4. It has been submitted by the learned counsel for the
Patna High Court CR. MISC. No.24176 of 2026(2) dt.01-05-2026
2/2
petitioner that in the trial, charges have been framed.
5. Considering the gravity of offence and the fact that
the trial has started, this Court finds no ground to review its
earlier order.
6. Accordingly, this application is dismissed again
with direction to the concerned court below to expedite the trial
and the Superintendent of Police, Vaishali is directed to ensure
the appearance of the witnesses in the trial.
7. Let a copy of this order be communicated through
FAX or e-mail to the Superintendent of Police, Vaishali for its
compliance.
(Sandeep Kumar, J)
tusharika/-
U T
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