Created by Fuzzy Cloud

Patna High Court

Kuldeep KashyapversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

The bail petition was dismissed as there were no fresh grounds to revisit the earlier denial.

Summary

The petitioner, Kuldeep Kashyap, was arrested in connection with offences under Section 364(A) and 411 of the Indian Penal Code and Sections 25(1‑b)(a), 26 and 35 of the Arms Act. He applied for regular bail, claiming a clean antecedent and having been in custody since 28‑11‑2023. The High Court noted that his earlier bail application had been rejected on 20‑05‑2024 and found no fresh material or changed circumstances to merit a fresh consideration. Consequently, the Court rejected the current bail petition. The Court also directed the trial court to expedite the trial and complete it within ten months of the order.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the seriousness of the offences under IPC and the Arms Act
  • Whether any fresh ground or change in circumstances justifies granting bail after a prior rejection

Legislation cited

Subjects

  • bail
  • Indian Penal Code
  • Arms Act
  • high court
  • criminal procedure
  • regular bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8349 of 2026
                       Arising Out of PS. Case No.-542 Year-2023 Thana- SAHPUR District- Bhojpur
                 ======================================================
                 Kuldeep Kashyap S/o Inderjeet Bind @ Indrajeet Bind Resident of Village-
                 Koilisal, P.S.- Pandey Kodar, District- Gorakhpur UP, Permanent Address
                 D/111, Gali no. 6, Nikhil Bihar Ashmail, Distt.- Faridabad, Haryana

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bhavesh Kumar, Advocate
                 For the Opposite Party/s :       Mr. Md. Matloob Rab, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
                 MALVIYA
                                       ORAL ORDER

2   06-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Shahpur (Karnamepur O.P.) P.S. Case No. 542 of 2023 instituted

                   for the offences punishable under Section 364(A), 411 of IPC

                   and Section 25(1-b)a and 26 / 35 of the Arms Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a man of clean antecedent and he is in custody since

                   28.11.2023.

                                4. Earlier prayer for regular bail of the petitioner is

                   rejected by this Court vide order dated 20.05.2024 passed in Cr.

                   Misc. No. 22095 of 2024. This time also there is no fresh

                   ground to consider his prayer for regular bail of the petitioner.
           Patna High Court CR. MISC. No.8349 of 2026(2) dt.06-02-2026
                                                       2/2




                                  5. Hence, prayer for regular bail of the petitioner is

                     hereby rejected once again.

                                  6. However, trial Court is directed to conclude the

                     trial as far as possible within the period of 10 months from the

                     date of this order.



                                          (Ramesh Chand Malviya, J)
Mayank/-

U     T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.