Patna High Court
Aman KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Indian Penal Code — s. 395
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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