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Patna High Court

Aman KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The bail application was dismissed; the petitioner was not granted bail.

Summary

The petitioner, Aman Kumar, applied for bail for an alleged loot in a jewelry shop, charged under Section 395 of the IPC. This was his third bail application, having been rejected twice earlier by the Patna High Court. The court noted that the petitioner is alleged to be part of a gang involved in multiple loot and dacoity cases, and that several co-accused are absconding, causing the trial to be delayed. The court directed the SSP and SHO to arrest the absconding co-accused and produce them before the trial court, which was instructed not to grant bail to them until the trial concludes. Considering the seriousness of the offence and the modus operandi, the court declined to review its earlier order and dismissed the bail application.

Issues considered

  • Whether bail should be granted to the accused under Section 395 IPC given the gravity of the offence and the presence of absconding co-accused.
  • Whether the court can condition bail on the arrest and production of the absconding co-accused.

Legislation cited

Subjects

  • bail
  • dacoity
  • Section 395 IPC
  • absconding co-accused
  • high court
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38254 of 2025
                  Arising Out of PS. Case No.-1380 Year-2022 Thana- PHULWARISHARIF District- Patna
                 ======================================================
                 Aman Kumar son of Chhotelal Ram Resident of Village -Bihat PS -Barauni
                 District- Begusarai                                     ... ... Petitioner/s
                                               Versus
                 The State of Bihar                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Vinod Kumar, Advocate
                 For the State           :       Mr. Jharkhandi Upadhyay, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   10-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State, who has filed the counter affidavit.

                                 2. This is the third attempt on behalf of the petitioner for

                   grant of bail in connection with Phulwarisharif P.S. Case No.

                   1380 of 2022 registered for the offence under Section 395 of the

                   IPC

                                 3. Earlier, the bail applications of the petitioner has been

                   rejected twice by this Court vide order dated 13.12.2023 and

                   11.09.2024 passed in Cr. Misc. No. 67407 of 2023 and Cr. Misc.

                   No. 65614 of 2024 respectively.

                                 4. The petitioner is accused of committing a loot in a

                   jewelry shop in the town of Patna. During investigation, materials

                   have come to show that the petitioner is a member of a gang who

                   is involved in the crime of committing loot in the jewelry shop. He

                   is accused in eight more similar and serious cases, most of which

                   are of committing loot and dacoity in the town of Patna. The trial
             Patna High Court CR. MISC. No.38254 of 2025(4) dt.10-02-2026
                                                         2/2




                       of the petitioner is held up because some of the co-accused have

                       absconded.

                                    5. The S.S.P., Patna and the S.H.O., Phulwarisharif are

                       directed to see to it that all the accused persons who are

                       absconding, are arrested and produced before the Court below to

                       face the trial.

                                    6. In case, the co-accused persons are arrested and

                       produced before the Court below, the Court below will not grant

                       them bail till the disposal of the trial.

                                    7. Considering the gravity of the offence and the modus

                       operandi of the bailed out accused, I am not inclined to review my

                       earlier order.

                                    8. Accordingly, this application is dismissed.

                                    9. Let a copy of this order be communicated to the

                       Principal District Judge, Patna and S.S.P., Patna, forthwith though

                       FAX or e-mail for its compliance.



                                                  (Sandeep Kumar, J)
priyanka/-

U      T


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