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Patna High Court

Anil KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court held that there was no ground to review its earlier order and therefore rejected the petitioner's bail application.

Summary

Anil Kumar was charged under Sections 103(1) and 61(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act for allegedly hiring shooters to kill a person. He has been in custody since 26 September 2024. The petitioner filed a second bail application after an earlier bail plea was rejected on 22 March 2025. The High Court examined whether the earlier order could be reviewed and whether the seriousness of the allegations precluded bail. Finding no ground to revisit its prior decision, the Court upheld the earlier rejection and dismissed the current bail application, noting that the petitioner could re‑apply if the trial is unduly delayed.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the serious nature of the offences under the Bharatiya Nyaya Sanhita and the Arms Act.
  • Whether the High Court can review and overturn its earlier order denying bail.

Legislation cited

Subjects

  • bail
  • criminal law
  • Bharatiya Nyaya Sanhita
  • Arms Act
  • review of order
  • serious offence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.65234 of 2025
                     Arising Out of PS. Case No.-621 Year-2024 Thana- ARA NAGAR District- Bhojpur
                 ======================================================
                 Anil Kumar S/o- Ekbal Chaudhary @ Ram Ekbal Chaudhary Resident Of
                 Village- Sakkadi, Ps- Koilwar, DIst-Bhojpur

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sanjay Kumar Sinha
                 For the Opposite Party/s :        Mr. Uday Chand Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   11-02-2026                   Heard the learned counsel for the petitioner and the

                   learned APP for the State.

                                2. This is the 2nd attempt of the petitioner. The

                   petitioner seeks bail in connection with Ara Nagar P.S. Case No.

                   621 of 2024 registered for the offence under Sections 103(1),

                   61(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of

                   the Arms Act.

                                3. Earlier the bail application of the petitioner was

                   rejected on 22.03.2025 in Cr. Misc. No. 89200 of 2024 which

                   reads as follows:-

                                                        Heard learned counsel for the
                                              petitioner and learned Additional Public
                                              Prosecutor for the State.
                                                        2. The petitioner seeks bail in
                                              connection with Ara Nagar P.S. Case No.
                                              621/2024 registered for the offence punishable
                                              under Sections 103(1)/61(2) of the BNS and
            Patna High Court CR. MISC. No.65234 of 2025(3) dt.11-02-2026
                                                        2/2




                                              Section 27 of the Arms Act.
                                                         3. The petitioner has arranged the
                                              shooters on hire for killing the deceased and got
                                              the deceased killed. He is in jail since
                                              26.09.2024.
                                                         4. Considering the serious allegation
                                              against the petitioner, this application is
                                              dismissed.


                                   4. This Court finds no ground to review its earlier

                      order. Accordingly, this application for regular bail stands

                      rejected.

                                   5. If the prosecution delays the trial, the petitioner

                      may renew his prayer for bail.



                                                 (Sandeep Kumar, J)
Shishir/-

U


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