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Patna High Court

Dara PathakversusThe State of Bihar

Decided
Disposal
REJECTED

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

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
                                                       2/2




                     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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