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Patna High Court

Sunil Chandrawanshi @ Sunil Sadhu @ SadhuversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The High Court dismissed the bail application, finding no new ground to alter its earlier orders.

Summary

Sunil Chandrawanshi was arrested in connection with a dacoity of Rs.2,37,265 from Gramin Bank, charged under Sections 392 and 395 of the Indian Penal Code, and has been in custody since December 1, 2023. He is also accused in five other criminal cases. The petitioner applied for regular bail for the third time after two earlier applications were rejected by the High Court on April 2, 2024 and April 4, 2025. The trial has commenced, with three witnesses already examined, and the court noted that the investigation is ongoing. The petitioner offered no new material or ground to justify a departure from the earlier orders. Consequently, the High Court found no basis to revisit its prior decision and dismissed the bail application.

Issues considered

  • Whether regular bail can be granted to the petitioner when the trial is already in progress and no new ground is presented.

Legislation cited

Subjects

  • regular bail
  • dacoity
  • Indian Penal Code
  • trial progress
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76557 of 2025
                    Arising Out of PS. Case No.-110 Year-2022 Thana- RAFIGANJ District- Aurangabad
                 ======================================================
                 Sunil Chandrawanshi @ Sunil Sadhu @ Sadhu S/o Late Nageshwar
                 Chandrawanshi R/o Village- Munshi Migha, P.S.- Aurangabad Mujffasil,
                 District- Aurangabad (Bihar)

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Shailesh Kumar Singh
                 For the Opposite Party/s :       Mr.Yogendra Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   11-02-2026                    Heard the parties.

                                2. This is the third attempt of the petitioner for grant

                   of regular bail in connection with Rafiganj P.S. Case No. 110 of

                   2022, S.Tr. No. 255 of 2024, 20/2025 registered for the offence

                   under Sections 392 of the Indian Penal Code and later on

                   Section 395 of the Indian Penal Code was also added. Earlier

                   the bail applications of the petitioner was rejected twice vide

                   orders dated 02.04.2024 and 04.04.025 passed in Cr. Misc. No.

                   18382 of 2024 and Cr. Misc. No. 84490 of 2024 respectively.

                   The order dated 04.04.2025 reads as under:-

                                               Heard learned counsel for the petitioner
                                   and learned Additional Public Prosecutor for the
                                   State.
                                               2. This is the second attempt of the
Patna High Court CR. MISC. No.76557 of 2025(3) dt.11-02-2026
                                            2/3




                          petitioner for grant of bail. Earlier his application
                          was rejected vide order dated 02.04.2024 passed in
                          Cr. Misc. No. 18382/2024.
                                       3. The following order was passed on
                          02.04.2024:
                                             “Heard learned counsel for the
                                  petitioner and learned APP for the State.
                                             2. This application for grant of
                                  regular bail arises out of Rafiganj P.S. Case
                                  No.110 of 2022 registered for the offence
                                  punishable under sections 392 of the Indian
                                  Penal Code. Later on, section 395 of the
                                  Indian Penal Code was also added.
                                             3. Unknown criminals have
                                  committed dacoity of Rs.2,37,265/- from
                                  Gramin Bank. The petitioner is in custody
                                  since 01.12.2023.
                                             4. During investigation, materials
                                  have come to connect the petitioner with the
                                  crime. The petitioner is accused in five more
                                  criminal cases.
                                             5. Considering the aforesaid facts,
                                  I am not inclined to grant the petitioner
                                  privilege of regular bail. Accordingly, this
                                  bail application is rejected. 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. In the trail, three witnesses have
                          already been examined.
                                       5. Since the trial has started, this
                          application is dismissed.
                                       6. The trial court is directed to expedite
                          the trial.
                       3. Learned counsel for the State has filed counter
          Patna High Court CR. MISC. No.76557 of 2025(3) dt.11-02-2026
                                                      3/3




                    affidavit in this case and from perusal of the same, it appears

                    that witnesses are being examined in the trial.

                                 4. In view of the fact that the trial is progressing and

                    witnesses are examined, this Court finds no new ground to

                    review its earlier order.

                                 5. Accordingly, this application is dismissed.



                                                            (Sandeep Kumar, J)
Vikas/-

U


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