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Patna High Court

Vishwakarma Kumar @ Vishwakarma Chaudhary @ Nishant KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The bail application was dismissed and the petitioner was ordered to remain in custody.

Summary

Vishwakarma Kumar was arrested in September 2023 for firing at an informant who was demanding ransom and is charged under Sections 341, 323, 307, 386, 387, 120B, 34 of the Indian Penal Code and Section 27 of the Arms Act. He has nine prior criminal convictions and has been in custody since the arrest. The petitioner applied for regular bail, which was rejected by the trial court on 9 April 2025, and he sought a review of that order. The High Court noted that the trial has already commenced, a witness has been examined, and the offences are grave, warranting continued detention. Considering the seriousness of the charges, the petitioner’s criminal antecedents, and the fact that the trial is underway, the Court declined to revisit its earlier decision and dismissed the bail application. The Court also directed the trial court to expedite the trial and instructed the Superintendent of Police to ensure witness attendance.

Issues considered

  • Whether bail should be granted to the accused given the seriousness of the offences, his criminal antecedents, and the fact that the trial has already commenced

Legislation cited

Subjects

  • bail
  • Indian Penal Code
  • Arms Act
  • criminal antecedents
  • trial procedure
  • serious offences

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.73392 of 2025
                      Arising Out of PS. Case No.-344 Year-2023 Thana- PARBATTA District- Khagaria
                 ======================================================
                 Vishwakarma Kumar @ Vishwakarma Chaudhary @ Nishant Kumar S/O Raj
                 Kishore Singh R/o- Srirampur Thutti, P.S.- Parbatta, District- Khagaria

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Shashank Shekhar, Advocate
                 For the State            :        Mr. Jharkhandi Upahdyay, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

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

                   APP for the State.

                                 2. This is the second attempt on behalf of the

                   petitioner for grant of bail in connection with Parbatta P.S. Case

                   No. 344 of 2023 registered for the offence under Sections 341,

                   323, 307, 386, 387, 120B & 34 of the Indian Penal Code and

                   Section 27 of the Arms Act.

                                 3. Earlier the bail application of the petitioner has

                   been rejected vide order dated 09.04.2025 passed in Cr. Misc.

                   No. 1517 of 2025, which reads as under:

                                             “Heard the learned counsel for the
                                  petitioner and learned APP for the State.
                                             2. The petitioner seeks regular bail in
                                  connection with Parbatta P.S. Case No. 344 of
                                  2023 registered for the offence under Sections
                                  341, 323, 307, 386, 387, 120B & 34 of the
                                  Indian Penal Code and Section 27 of the Arms
           Patna High Court CR. MISC. No.73392 of 2025(3) dt.09-02-2026
                                                       2/2




                                   Act.
                                             3. The petitioner fired at the informant
                                   for demanding ransom. He is in jail since
                                   05.09.2023 and he has nine criminal
                                   antecedents.
                                             4. Considering the allegations levelled
                                   against the petitioner and also the criminal
                                   antecedents of the petitioner, I am not inclined to
                                   grant bail to the petitioner.
                                             5. Accordingly, this application for
                                   regular bail is dismissed.
                                             6. The Court below is directed to
                                   expedite the trial.”

                                  4. The trial has started and one witness has been

                     examined.

                                  5. Considering the gravity of offence and the fact that

                     the trial has started, I am not inclined to review my earlier order.

                                  6. Accordingly, the application stands dismissed.

                                  7. The trial Court is directed to expedite the trial.

                                  8. The Superintendent of Police, Khagaria is directed

                     to ensure the appearance of the witnesses in the trial so that the

                     trial is not delayed.

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

                     Superintendent of Police, Khagaria forthwith through FAX or e-

                     mail for its compliance.


                                                                          (Sandeep Kumar, J)

P. Kumar
U      T


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