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Patna High Court

Ravi Pesent @ Ravi Gupta @ Netajee @ Master @ DoctorversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that, given the seriousness of the charges and the fact that trial had already commenced, the earlier denial of bail stands and the application for regular bail is dismissed.

Summary

The petitioner, Ravi Gupta, applied for regular bail in a case registered under Sections 394 and 302 of the Indian Penal Code and Section 27 of the Arms Act, alleging involvement in a shooting at a jewelry shop. The prosecution alleged that the petitioner, along with unknown persons, fired upon the shop owner's son. The petitioner’s earlier bail application had been rejected by the same court on 30 April 2025. Counsel argued that the trial had commenced and the petitioner had been in custody since 1 February 2023, warranting bail. The court, noting the gravity of the offences and the fact that trial was underway, declined to revisit its earlier order and dismissed the bail application. The court also directed the Superintendent of Police, Nalanda, to ensure witness attendance for the trial.

Issues considered

  • Whether bail should be granted to the petitioner despite the seriousness of offences under IPC Sections 302 and 394 and Arms Act Section 27
  • Whether the commencement of trial and the petitioner’s prolonged custody justify a revision of the earlier bail denial

Legislation cited

Subjects

  • bail
  • IPC 302
  • IPC 394
  • Arms Act 27
  • criminal procedure
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.68240 of 2025
                      Arising Out of PS. Case No.-18 Year-2022 Thana- SOHSARAI District- Nalanda
                 ======================================================
                 Ravi Pesent @ Ravi Gupta @ Netajee @ Master @ Doctor S/o Late Mahesh
                 Prasad R/o Village - Sadiquepur Machhua Toli ( Nepali Ke Makan Me
                 Kirayedar), P.S - Alamganj, District - Patna, Bihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rohit Raj, Advocate
                 For the Opposite Party/s :       Mr. Ataur Rahman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   09-02-2026                     Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                    2. The petitioner seeks bail in connection with

                   Sohsarai P.S. Case No. 18 of 2022 instituted under Sections 394

                   and 302 of the Indian Penal Code and Section 27 of Arms Act.

                                    3. As per prosecution case, when the informant was

                   at his jewelry shop, some unknown persons along with the

                   petitioner came there and fired upon his son, who was there at

                   the time of incident.

                                    4. Earlier the regular bail application of the

                   petitioner was rejected on 30.04.2025 in Cr. Misc. No. 23984 of

                   2025 by this Court.

                                    5. The learned counsel for the petitioner submits
           Patna High Court CR. MISC. No.68240 of 2025(3) dt.09-02-2026
                                                       2/2




                     that the trial has been started. The petitioner is in custody since

                     01.02.2023.

                                  6. Considering the gravity of the offence and the fact

                     that trial has been started, I am not inclined to review my earlier

                     order.

                                  7. The application for regular bail is, accordingly,

                     dismissed.

                                  8. The Superintendent of Police, Nalanda is directed

                     to ensure the attendance of the witnesses in the trial on the dates

                     fixed.

                                  9. Let a copy of this order be communicated to the

                     Superintendent of Police, Nalanda through FAX or e-mail for its

                     compliance forthwith.



                                                (Sandeep Kumar, J)
Jyoti Kumari/-

U


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