Patna High Court
Abhishek Kumar @ Bittu KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The High Court upheld its earlier order and denied regular bail to the petitioner.
Summary
The petitioner, Abhishek Kumar, was charged under Sections 4 and 5 of the Explosive Substance Act for planting eight country-made bombs in a house, and has been in custody since March 2022. He also faces twelve other serious criminal cases including loot, dacoity, and murder. The petitioner filed a second application for regular bail, which was previously rejected on 3 July 2024. The High Court noted that three witnesses have been examined and the trial is progressing, and found no new ground to revisit its earlier decision. Consequently, the Court upheld its earlier order and denied the bail application.
Issues considered
- Whether the petitioner is entitled to regular bail under Sections 4/5 of the Explosive Substance Act given the seriousness of the offence and pending trials
- Whether the High Court can review its earlier order denying bail
Subjects
- bail
- explosive substances
- regular bail
- review of order
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68797 of 2025
Arising Out of PS. Case No.-871 Year-2019 Thana- KANTI District- Muzaffarpur
======================================================
Abhishek Kumar @ Bittu Kumar S/o Yaduvansh Thakur R/o Village- Kushi
Harpur Ramni, P.S.- Kanti, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar S.K.
For the Opposite Party/s : Mr. Satya Nand Shukla
======================================================
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 Kanti P.S. Case No. 871
of 2019 (Sessions Trial No. 810 of 2022) registered for the
offence under Sections 4/5 of the Explosive Substance Act.
3. Earlier the bail application of the petitioner was
rejected on 03.07.2024 in Cr. Misc. No. 45965 of 2024 which
reads as follows:-
Heard learned counsel for the
petitioner and learned APP for the State.
2. This application for grant of
regular bail arises out of Kanti P.S. Case
No.871 of 2019 (Sessions Trial No.810 of 2022)
registered for the offence punishable under
Sections 4/5 of the Explosive Substance Act.
3. The petitioner is accused of
Patna High Court CR. MISC. No.68797 of 2025(3) dt.11-02-2026
2/2
planting eight country made bombs in a house.
He is in custody since 16.03.2022.
4. During investigation, materials
have come to connect the petitioner with the
crime. Further, the petitioner is accused of 12
more serious criminal cases which includes
cases of loot, dacoity and murder.
5. Considering the aforesaid facts, I
am not inclined to grant the petitioner privilege
of regular bail. Accordingly, this application is
rejected.
6. The trial court is directed to
expedite the trial of all the cases pending
against the petitioner and conclude the same as
early as possible.
4. Three witnesses have been examined in the Trial
and the trial is progressing.
5. This Court finds no ground to review its earlier
order. Accordingly, this application for regular bail stands
rejected.
(Sandeep Kumar, J)
Shishir/-
U T
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