Created by Fuzzy Cloud

Patna High Court

Gulshan Kumar @ Gulshan Chaudhary @ Gulshan Kumar ChaudharyversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.