Patna High Court
Dara PathakversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The Court held that regular bail cannot be granted as there are no fresh grounds to reconsider the earlier denial.
Summary
The petitioner, Dara Pathak, is in custody for alleged violations of Sections 25(1‑b), 26 and 35 of the Arms Act arising from Buxar (M) P.S. Case No. 468 of 2023. He previously sought regular bail, which was denied by the Patna High Court in two earlier applications (Cr. Misc. No. 22756 of 2024 and Cr. Misc. No. 75271 of 2024). In the present application, counsel argued there were no fresh grounds to revisit the bail decision. The Court examined whether any new material or change in circumstances justified granting bail. Finding none, the Court reiterated its earlier stance and rejected the bail petition. Consequently, the petitioner remains in custody.
Issues considered
- Whether the petitioner is entitled to regular bail in the absence of fresh grounds or changed circumstances.
Legislation cited
- Arms Act — s. 25(1-b), 26, 35
Subjects
- bail
- Arms Act
- regular bail
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69157 of 2025
Arising Out of PS. Case No.-468 Year-2023 Thana- BUXAR MUFFSIL District- Buxar
======================================================
Dara Pathak S/o Jitu Pathak R/o Village- Jaso, P.S.- Buxar (M), District-
Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Swarna Roy, Advocate
For the Opposite Party/s : Mr. Umesh Lal Verma, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
6 09-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is in custody in connection with
Buxar (M) P.S Case No. 468 of 2023 from the Court of learned
District and Additional Sessions Judge-10, Buxar registered for
the offences punishable under Sections 25(1-b), 26 & 35 of the
Arms Act.
3. Learned counsel for the petitioner submits that
earlier prayer for regular bail of the petitioner is rejected by this
Court in Cr. Misc. No. 22756 of 2024 vide order dated
05.04.2024 and in Cr. Misc. No. 75271 of 2024 vide order dated
31.01.2025. He is in custody since 30.10.2023.
4. Earlier prayer for regular bail of the petitioner is
Patna High Court CR. MISC. No.69157 of 2025(6) dt.09-01-2026
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rejected by this Court in in Cr. Misc. No. 22756 of 2024 vide
order dated 05.04.2024 and in Cr. Misc. No. 75271 of 2024 vide
order dated 31.01.2025. This time also there is no fresh ground
to consider the prayer for regular bail of the petitioner. So, I am
not inclined to grant regular bail to the petitioner.
5. Accordingly, prayer for regular bail of the petitioner
is hereby rejected once again.
(Ramesh Chand Malviya, J)
Mayank/-
U T
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