Patna High Court
Anuj KumarversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The Court held that regular bail cannot be granted as there are no fresh grounds and the offences are serious.
Summary
Anuj Kumar, accused of firing a bullet that injured and later caused the death of an informant's husband, is in judicial custody for offences under several sections of the Indian Penal Code and the Arms Act. He contended that he was falsely implicated and sought regular bail, having previously been denied bail in a similar application. The petitioner argued that there were no fresh grounds to reconsider his bail plea. The Court examined the seriousness of the charges, the lack of new material, and the petitioner’s continued custody since April 2024. Concluding that no fresh circumstances warranted bail, the Court rejected the petition for regular bail.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the offences charged
- Whether any fresh ground exists to merit reconsideration of the earlier bail denial
Legislation cited
- Arms Act — s. 25(1-b)(a), 26, 27, 35
- Indian Penal Code — s. 307, 323, 324, 34, 341, 504, 506
Subjects
- bail
- regular bail
- judicial custody
- Indian Penal Code
- Arms Act
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5540 of 2026
Arising Out of PS. Case No.-12 Year-2024 Thana- TELMAR District- Nalanda
======================================================
Anuj Kumar Son of Late Anil Mahto Resident of Village - Soradih, P.S.-
Telmar, District - Nalanda (Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N. K Aggarwal, Sr. Advocate
Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Rajendra Nath Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
4 25-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is in custody in connection with
Telmar P.S Case No. 12 of 2024 from the Court of learned Addl.
Sessions Judge VII, Bihar Sharif at Nalanda registered for the
offences punishable under Sections 341, 323, 324, 307, 504,
506, 34 of the I.P.C and 25 (1-b) a, 26, 27, 35 of the Arms Act.
3. As per allegation in the FIR, it is alleged that the
petitioner has fired bullet on the husband of the informant due to
which husband of the informant sustained injury and later on he
succumbed to death.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in this case. It is also
Patna High Court CR. MISC. No.5540 of 2026(4) dt.25-02-2026
2/2
submitted that petitioner is in judicial custody since 05.04.2024.
It is next submitted that earlier prayer for regular bail of the
petitioner was rejected by this Court vide order dated
09.04.2025 passed in Cr. Misc. No. 2306 of 2025.
5. Since, earlier prayer for regular bail of the
petitioner was rejected by this Court vide order dated
09.04.2025 passed in Cr. Misc. No. 2306 of 2025. This time also
there is no fresh ground to consider his prayer for regular bail of
the petitioner.
6. Considering the facts and circumstances of the case
and submissions of learned counsel for the parties, I am not
inclined to grant regular bail to the petitioner.
7. Accordingly, prayer for regular bail of the petitioner
is hereby rejected once again.
(Ramesh Chand Malviya, J)
Mayank/-
U T
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