Patna High Court
Chandan KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was not granted; the application was dismissed.
Summary
The petitioner, Chandan Kumar, was charged under Sections 392 and 34 of the Indian Penal Code for robbery and related offences. He has six prior criminal antecedents and has been in custody since 11 May 2023. The petitioner sought regular bail for the case (PS Case No.339 of 2021) and this was his second application after an earlier bail denial on 14 March 2024. The State opposed the bail, emphasizing the seriousness of the charges and the petitioner’s criminal history. Justice Sandeep Kumar observed that the trial was already underway with witnesses being produced, and that the petitioner’s explanation for his antecedents was insufficient. Consequently, the bail application was dismissed.
Issues considered
- Whether regular bail should be granted to an accused of robbery (IPC §§392/34) with multiple serious criminal antecedents when the trial is in progress.
Legislation cited
- Indian Penal Code — s. 34, 392
Subjects
- bail
- regular bail
- robbery
- IPC 392
- IPC 34
- criminal antecedents
- trial proceedings
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60739 of 2025
Arising Out of PS. Case No.-339 Year-2021 Thana- NAANPUR District- Sitamarhi
======================================================
Chandan Kumar S/o Pramod Sah @ Ram Pramod Sah Resident of village -
Budhnagra, P.s. - Nanpur, Dist.- Sitamarhi
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Sagar Kumar, Advocate
For the State : Mr. Suman Kumari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 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 regular bail in connection with Nanpur
P.S. Case No.339 of 2021 registered for the offence under
sections 392/34 of the Indian Penal Code.
3. Earlier, the bail of the petitioner was rejected
by this Court vide order dated 14.03.2024 passed in Criminal
Miscellaneous No.17705 of 2024. The aforesaid order dated
14.03.2024 reads as under:-
“Heard learned counsel for the
petitioner and learned Additional Public
Prosecutor for the State.
2. The petitioner seeks bail in
connection with Nanpur P.S. Case No.
339/2021 registered for the offence punishable
under Sections 392/34 of the Indian Penal
Patna High Court CR. MISC. No.60739 of 2025(3) dt.10-02-2026
2/2
Code. The petitioner is accused of committing
loot. He has six criminal antecedents. He is in
jail since 11.05.2023.
3. It has been submitted by the learned
counsel for the petitioner that the antecedents
can be explained as the petitioner has been
made accused and remained in jail all the
F.I.R.s which have been registered against
unknown and, therefore, he deserves bail.
4. Learned Additional Public
Prosecutor appearing on behalf of the State
has vehemently opposed the prayer for bail.
5. I have considered the submissions of
the parties.
6. This kind of of explanation of
criminal antecedents will not help the
petitioner who has got serious antecedents of
similar nature. This application is dismissed.”
4. Since the trial has started and witnesses are
being produced in the trial by the prosecution, I am not inclined
to grant bail to the petitioner. Accordingly, this bail application
is dismissed.
(Sandeep Kumar, J)
pawan/-
U T
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