Patna High Court
Rakesh Kumar @ Rakesh PaswanversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The application for regular bail is rejected as there is no ground to review the earlier order.
Summary
Rakesh Kumar, accused of looting gold, diamonds and cash from a jewellery shop, was charged under Sections 395, 397 and 412 of the Indian Penal Code. He had earlier applied for regular bail, which was rejected on 29 February 2024, with the court directing speedy trial of all related cases. The petitioner filed a second bail application, arguing that the trial was nearing conclusion. The High Court examined the seriousness of the offences, the petitioner’s involvement in multiple cases, and the pending trial, and found no merit to revisit its earlier order. Consequently, the court rejected the second bail application, directing that the trial proceed without granting bail.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seriousness of offences under Sections 395, 397 and 412 IPC.
- Whether the earlier bail denial can be reviewed in light of the trial’s proximity to conclusion.
Legislation cited
- Indian Penal Code — s. 395, 397, 412
Subjects
- bail
- robbery
- IPC
- criminal procedure
- high court
- trial pending
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24356 of 2025
Arising Out of PS. Case No.-856 Year-2021 Thana- NAGAR District- Vaishali
======================================================
Rakesh Kumar @ Rakesh Paswan S/o Late Ramnath Paswan Resident of
Village- Hathsarganj, PS - Nagar Hajipur, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shanti Bhushan Singh
For the Opposite Party/s : Mr. Khurshid Anwar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 11-02-2026 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 Hajipur Town P.S. Case
No. 856 of 2021 registered for the offence under Sections
395/397 of the Indian Penal Code and further Section 412 of the
IPC was added.
3. Earlier the bail application of the petitioner was
rejected on 29.02.2024 in Cr. Misc. No. 59476 of 2023 which
reads as follows:-
Heard the learned counsel for the
petitioner and learned APP for the State.
2. The petitioner seeks regular bail in
a case registered for the offence under Sections
395, 397, 412 of the Indian Penal Code.
3. As per the prosecution case, rs. 1
Crore 32 lakhs worth of gold, Rs. 40Lakh worth of
Patna High Court CR. MISC. No.24356 of 2025(6) dt.11-02-2026
2/2
diamond and Rs. 5 Lakh and 20 thousand in cash
was looted from Aditya Jewellery shop in Hajipur.
4. The petitioner has been found
involved in the loot during investigation. The
petitioner is accused in eight more cases and he is
in jail since 10.01.2022. Some of the looted
jewellery has been recovered from the petitioner.
5. Considering the allegations levelled
against the petitioner, I am not inclined to grant
bail to the petitioner. This application for regular
bail is dismissed.
6. The District Judge, Vaishali at
Hajipur and the Superintendent of Police, Vaishali
at Hajipur are directed to get the trial of all the
cases against petitioner and other accused
persons concluded at the earliest preferably
within six months and file a report before this
Court.
7. List this case under the heading “To
be Mentioned” after six months awaiting the
report.
8. Learned APP Mr. Jharkhandi
Upadhyay will coordinate with the police in this
matter.
9. Let a copy of this order be
communicated to the District Judge, Vaishali at
Hajipur and the Superintendent of Police, Vaishali
at Hajipur through FAX for its compliance
forthwith.
4. The trial is on the verge of conclusion. This Court
finds no ground to review its earlier order. Accordingly, this
application for regular bail stands rejected.
(Sandeep Kumar, J)
Shishir/-
U T
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