Patna High Court
Rishu Kumar @ LeftyversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was denied because the accused was identified in the T.I. parade and the trial was nearing conclusion.
Summary
Rishu Kumar was charged with dacoity under Section 395 of the Indian Penal Code for an incident in Patna. He applied for regular bail for the third time after two earlier applications were rejected. The court noted that the petitioner had been identified in the T.I. parade and was in custody since September 2023. The prosecution had filed an application under Section 311 of the Criminal Procedure Code, and the trial was reported to be on the verge of conclusion with all witnesses examined. Considering the seriousness of the offence, the identification of the accused, and the advanced stage of the trial, the court was not inclined to grant bail. Consequently, the bail application was dismissed.
Issues considered
- Whether bail should be granted to an accused identified in the T.I. parade for a dacoity offence under Section 395 IPC.
- Whether the stage of trial and prosecution's Section 311 CrPC application preclude the grant of regular bail.
Legislation cited
- Criminal Procedure Code — s. 311
- Indian Penal Code — s. 395
Subjects
- bail
- dacoity
- Section 395 IPC
- Section 311 CrPC
- trial stage
- T.I. parade
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27593 of 2026
Arising Out of PS. Case No.-670 Year-2023 Thana- GARDANIBAG District- Patna
======================================================
Rishu Kumar @ Lefty S/o Mahesh Prasad Chaurasiya @ Mahesh Kumar
Churasiya R/o - Sidhi Ghat, at Hamam Par, P.S - Khajekala, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saket Anand
For the Opposite Party/s : Mr. Ashok Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 07-05-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. This is the 3rd attempt of the petitioner seeking bail
in connection with Gardanibagh P.S. Case No. 670 of 2023
registered for the offence under Section 395 of the Indian Penal
Code.
3. Earlier the bail application of the petitioner was
rejected twice; first on 14.03.2024 in Cr. Misc. No. 18228 of
2024 and second on 26.03.2025 in Cr. Misc. No. 8553 of 2025.
The order dated 26.03.2025 reads as follows:-
Heard the learned senior counsel for
the petitioner as well as the learned APP for the
State.
2. This is the 2nd attempt on behalf
of the petitioner for regular bail in connection
with Gardanibagh P.S. Case No. 670 of 2023
registered for the offences punishable under
Patna High Court CR. MISC. No.27593 of 2026(2) dt.07-05-2026
2/3
Sections 395 of the Indian Penal Code.
3. Earlier the bail application of the
petitioner was rejected by this Court vide Cr.
Misc. No. 18228 of 2024 on 14.03.2024. The
order dated 14.03.2024 passed in Cr. Misc. No.
18228 of 2024 reads as follows:-
Heard learned counsel for the
petitioner and learned APP for the State.
2. The petitioner seeks bail in
connection with Gardanibagh P.S. Case
No. 670 of 2023 registered for the
offence under Section 395 of the Indian
Penal Code.
3. As per the prosecution case,
unknown criminals committed dacoity in
the town of Patna.
4. The involvement of the
petitioner has come during investigation
in the alleged crime.
5. The petitioner was also
identified in the T.I. Parade and he is in
jail since 28.09.2023.
6. Considering the fact that
petitioner is identified in the T.I. Parade,
this Court is not inclined to grant bail to
the petitioner.
7. Accordingly, this
application is dismissed.
8. The Court below is directed
to expedite the trial of the petitioner and
conclude the same at the earliest.
4. It has been submitted by the
learned counsel for the petitioner that the case
has committed.
5. It is a case of dacoity committed in
the town of Patna.
6. In view of the above, I am not
inclined to grant bail to the petitioner.
Accordingly, this application filed on behalf of
the petitioner for grant of regular bail stands
rejected.
7. The Principal District and Sessions
Patna High Court CR. MISC. No.27593 of 2026(2) dt.07-05-2026
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Judge, Patna as well as the Senior
Superintendent of Police, Patna are directed to
see to it that the trial is concluded at the earliest.
8. Let a copy of this order be
communicated to the Principal District and
Sessions Judge, Patna as well as the Senior
Superintendent of Police, Patna through FAX for
its compliance forthwith.
4. The petitioner is accused of committing dacoity in a
house in Patna.
5. In the trial, all the witnesses have been examined,
and an application under Section 311 Cr.P.C. has been filed by
the prosecution.
6. Considering the fact that the trial is on the verge of
conclusion, I am not inclined to grant regular bail to the
petitioner. Accordingly, this application for regular bail stands
rejected.
(Sandeep Kumar, J)
Shishir/-
U T
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