Patna High Court
Kamlesh Kumar PaswanversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was denied as the court found no sufficient ground to overturn its earlier order.
Summary
The petitioner, Kamlesh Kumar Paswan, was arrested on 8 September 2023 in connection with a murder and robbery case (Ara Muffasil P.S. Case No. 384/2023) involving Sections 302/34 of the IPC and several provisions of the Arms Act. The investigation revealed that the petitioner and an accomplice attempted to loot a deceased person, resulting in the victim's death, with call‑detail‑record (CDR) evidence linking the petitioner to the crime. The petitioner applied for bail for the second time, having previously been denied bail on 16 April 2024. The High Court noted that four witnesses had already been examined and the trial was underway, emphasizing the seriousness of the offences and the petitioner’s antecedents. Considering the gravity of the charges and the stage of the trial, the Court refused to revisit its earlier order and dismissed the bail application.
Issues considered
- Whether bail should be granted to an accused charged with murder, robbery, and multiple offences under the Arms Act.
- Whether the stage of trial and evidence presented justify denial of bail.
Legislation cited
- Arms Act — s. 25(1-b)(a), 26, 27, 35
- Indian Penal Code — s. 302, 34, 394, 411
Subjects
- bail
- murder
- robbery
- Arms Act
- IPC
- serious offences
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43497 of 2025
Arising Out of PS. Case No.-384 Year-2023 Thana- ARA MUFFSIL District- Bhojpur
======================================================
Kamlesh Kumar Paswan son of Late Lalan Paswan Village- Kusumha Ps-
Udwant Nagar, Dist- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ganesh Prasad Singh
For the State : Mr. Madan Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 10-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. This is the second attempt on behalf of the
petitioner for grant of bail in connection with S.T. No. 129 of
2024 arising out of Ara Muffasil P.S. Case No. 384 of 2023
registered for the offence under Section 302/34 of the IPC and
27 of the Arms Act and later on Sections 394/411 of the IPC and
25(1-b)a, 26, 35 of the Arms Act.
3. Earlier, the bail application of the petitioner has
been rejected by this Court vide order dated 16.04.2024 passed
in Cr. Misc. No. 10112 of 2024, which reads as under:
“Heard learned counsel for the petitioner
and learned Additional Public Prosecutor for the State
as well as learned counsel for the Informant.
2. The petitioner seeks bail in connection
with Ara Muffasil P.S. Case No. 384/2023 registered
Patna High Court CR. MISC. No.43497 of 2025(5) dt.10-02-2026
2/2
for the offence punishable under Sections 302/34 of the
Indian Penal Code and Section 27 of the Arms Act.
Subsequently, 394/411 of Indian Penal Code and
Section 25(1-b)a, 26/35 of the Arms Act has been
added.
3. The petitioner is in jail since 08.09.2023.
4. It has come during investigation that the
petitioner and one Mahangu tried to loot the deceased
and in that occurrence, the deceased was killed.
Materials have come to connect the petitioner with the
crime including the CDR evidence. The petitioner has
similar antecedent also. He is in jail since 08.09.2023.
5. In view of the above, this application is
dismissed.
6. The trial Court is directed to expedite the
trial.”
4. Four witnesses has already been examined and
the trial is started.
5. Considering the facts and circumstances of this
case, I am not inclined to review my earlier order.
6. Accordingly, this application is dismissed.
(Sandeep Kumar, J)
priyanka/-
U T
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