Patna High Court
Gulshan Kumar @ Gulshan Chaudhary @ Gulshan Kumar ChaudharyversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court denied regular bail, holding that the seriousness of the offences and the petitioner’s antecedents preclude granting bail.
Summary
Gulshan Kumar Chaudhary was charged under Sections 309(4) and 109 of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act for alleged looting of cash and ATM cards. He has been in custody since 13‑12‑2024 and has three prior criminal antecedents. The petitioner applied for regular bail for the second time after an earlier bail denial on 23‑04‑2025. The court examined the seriousness of the offences, the amount involved, and the petitioner’s criminal history. Finding no sufficient ground to override its earlier decision, the court rejected the bail application. The application for regular bail was dismissed.
Issues considered
- Whether regular bail should be granted to the petitioner in a case involving Sections 309(4), 109 of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act, considering the gravity of the offence and the petitioner’s criminal antecedents.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 309(4)
Subjects
- bail
- criminal procedure
- Arms Act
- serious offence
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4252 of 2026
Arising Out of PS. Case No.-119 Year-2024 Thana- HALAI District- Samastipur
======================================================
Gulshan Kumar @ Gulshan Chaudhary @ Gulshan Kumar Chaudhary Son of
Late Lalan Choudhary R/o Village - Kaua, P.S. - Halai, Dist. - Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mirtyunjay Kumar Mishra, Advocate
For the Opposite Party/s : Mr.Mohammad Sufyan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 12-02-2026 Heard the parties.
2. This is the second attempt of the petitioner for
grant of regular bail in connection with Halai P.S. Case No. 119
of 2024 registered for the offence under Sections 309(4), 109 of
the Bharatiya Nyaya Sanhita, 2023 and under Sections 27 of the
Arms Act. Earlier the bail application of the petitioner was
rejected vide order dated 23.04.2025 passed in Cr. Misc. No.
21396 of 2025 which reads as under:-
Heard the learned counsel for the petitioner
and learned APP for the State.
2. The petitioner seeks regular bail in
connection with Halai P.S. Case No. 119 of 2024
registered for the offence under Sections 309(4), 109 of
the Bharatiya Nyaya Sanhita, 2023 and under Sections
27 of the Arms Act.
3. As per the prosecution case, Rs. 2,45,000/-,
Patna High Court CR. MISC. No.4252 of 2026(2) dt.12-02-2026
2/2
ATM cards etc., have been looted by unknown persons.
4. The informant has identified the petitioner in
the T.I.P. and the petitioner is in custody since
13.12.2024. Petitioner has three criminal antecedents
also.
5. Considering the aforesaid facts and
circumstances, I am not inclined to grant bail to the
petitioner. Accordingly, this application for regular
bail is hereby rejected.
3. It has been submitted by the learned counsel for the
petitioner that the petitioner has three criminal antecedents and
he is custody since 13.12.2024.
4. Considering the gravity of offence, this Court finds
no ground to review its earlier order.
5. Accordingly, this application is dismissed again.
(Sandeep Kumar, J)
tusharika/-
U T
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