Patna High Court
Bablu Kumar @ Mukesh @ Mukesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- NAWNEET KUMAR PANDEY
Holding
Bail was denied to the petitioner.
Summary
The petitioner, Bablu Kumar, was arrested on 17-07-2023 for alleged offences under IPC sections 468, 471, 401, 414, 34 and Arms Act sections 25(1‑B)A, 26 and 35, involving a stolen motorcycle, a false number plate, an illegal pistol and cartridges. He applied for bail, claiming prolonged custody, while the prosecution argued that most witnesses had been examined, only two official witnesses remained, and a petition under Cr.P.C. 311 had been filed, indicating the trial was nearing conclusion. The State highlighted the petitioner’s ten prior criminal convictions. The court considered the seriousness of the charges, the pending trial, and the petitioner’s criminal history. Concluding that the circumstances did not warrant release, the judge rejected the bail application.
Issues considered
- Whether bail should be granted to the petitioner given the nature of the offences, the stage of trial, and his prior criminal record.
Legislation cited
- Arms Act — s. 25(1-B)A, 26, 35
- Code of Criminal Procedure, 1973 — s. 311
- Indian Penal Code — s. 34, 401, 414, 468, 471
Subjects
- bail
- criminal procedure
- Indian Penal Code
- Arms Act
- prior convictions
- trial pending
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56543 of 2025
Arising Out of PS. Case No.-69 Year-2023 Thana- Rampur Chauram District- Arwal
======================================================
Bablu Kumar @ Mukesh @ Mukesh Kumar son of Late Surendra Sharma
Village- Kandap, Ps- Gaurichak, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nityanand Kumar, Adv.
For the Opposite Party/s : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
4 13-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Rampur Chauram P.S. Case No. 69 of 2023 registered for the
offence punishable under Sections-468, 471, 401, 414, 34 of the
Indian Penal Code and Sections-25(1-B)A/26/35 of the Arms
Act.
3. As per allegation, on the tip off, the informant
having constituted a team, started to check the vehicles and in
that course, a motorcycle was intercepted on which, three
persons were seated. It came to light that the miscreants are
running the motorcycle by changing the number plate. The
petitioner is said to have been arrested with stolen motorcycle
Patna High Court CR. MISC. No.56543 of 2025(4) dt.13-01-2026
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and illegal pistol as well as the cartridge.
4. Learned counsel for the petitioner has submitted
that the petitioner is in custody since 17-07-2023, to which, the
learned APP Mr. Shailendra Kumar replied that the entire
prosecution witnesses have been examined and now, only two
official witnesses are left to be examined. It has further been
submitted that a petition under the provision of 311 of Cr.P.C.
has been filed by the prosecution and that is why, the trial has
not been concluded. It has also been submitted that the
petitioner has 10 criminal antecedents in his credit.
5. Learned APP has opposed the prayer for bail.
6. It appears that the trial is at the verge of conclusion.
7. Considering the aforesaid facts and circumstances,
presently I am not inclined to grant bail to the petitioner and
accordingly, the same is rejected.
(Nawneet Kumar Pandey, J)
A.K.V.//-
U T
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