Patna High Court
Anil KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 61(2)
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
Checking your session…