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Patna High Court

Vivek Kumar @ Chunu Baba @ Chunnu Baba @ Bibek KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Bail was denied to the petitioner.

Summary

Vivek Kumar was arrested in September 2022 and charged with offences under IPC sections 467, 468, 471, 413, 414, 420 and 120‑B, as well as Arms Act sections 25(1‑ba), 26 and 35, after two country‑made pistols, live cartridges and a mobile phone were recovered from his possession. He is also alleged to be involved in seventeen other criminal cases. The petitioner filed three bail applications; the first two were rejected on 30‑01‑2024 and 06‑03‑2025. In the present hearing, the court noted the seriousness of the offences, the petitioner’s criminal antecedents and the fact that the trial had already commenced. Consequently, the court declined to grant bail, dismissed the application and directed the trial court to expedite the trial and the police to ensure witness attendance.

Issues considered

  • Whether bail should be granted to the petitioner despite the gravity of the offences under the IPC and Arms Act and his criminal antecedents.

Legislation cited

Subjects

  • bail
  • IPC
  • forgery
  • cheating
  • criminal conspiracy
  • arms possession
  • trial
  • criminal antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA

                                 CRIMINAL MISCELLANEOUS No.89 of 2026
                     Arising Out of PS. Case No.-611 Year-2022 Thana- MADHAURAH District- Saran

                 ======================================================
                 Vivek Kumar @ Chunu Baba @ Chunnu Baba @ Bibek Kumar S/O Raj
                 Kishor Singh Resident of Village - Marhaura Khurd Maraurha Khurd Vaishya
                 tola, P.S.-Marhaura Maraurha, District-Saran.


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


                                                                           ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr.Gaurav Kumar, Advocate
                 For the State          :        Mr. Shyam Kumar Singh, APP
                 ======================================================

                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                    ORAL ORDER

2   12-02-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. This is the third attempt on behalf of the petitioner

                   for grant of bail in connection with Madhaurah P.S. Case

                   No.611 of 2022 registered for the offence under sections 467,

                   468, 471, 413, 414, 420 and 120-B of the Indian Penal Code and

                   under sections 25(1-b)a, 26 and 35 of the Arms Act.

                                 3. Earlier the bail applications of the petitioner were

                   rejected twice vide orders dated 30.01.2024 and 06.03.2025
Patna High Court CR. MISC. No.89 of 2026(2) dt.12-02-2026
                                            2/3




          passed in Cr. Misc. Nos. 11759 of 2023 and 8021 of 2025

          respectively. The following order was passed on 06.03.2025 in

          Cr. Misc. No. 8021 of 2025, which reads as under:

                                  “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 regular bail
                       in connection with Madhaurah P.S. Case
                       No.611 of 2022 registered for the offence under
                       sections 467, 468, 471, 413, 414, 420 and 120-
                       B of the Indian Penal Code and under sections
                       25(1-b)a, 26 and 35 of the Arms Act.
                                  3. Earlier, the prayer of the petitioner
                       for grant of bail has been rejected vide order
                       dated 30.01.2024 passed in Criminal
                       Miscellaneous No.11759 of 2023.
                                  4. There is recovery of two country
                       made pistols, three live cartridges and mobile
                       from the possession of the petitioner. 5. The
                       petitioner is in custody since 18.09.2022. He is
                       accused in seventeen more criminal cases.
                                  6. Considering the offence committed
                       by the petitioner and the criminal antecedent of
                       the petitioner, this bail application is rejected.”

                       4. Learned counsel for the petitioner submits that the

          charges have been framed in the trial.

                       5. Considering the antecedents of the petitioner and

          also 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, Saran is directed to
           Patna High Court CR. MISC. No.89 of 2026(2) dt.12-02-2026
                                                       3/3




                     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, Saran forthwith through FAX or e-

                     mail for its compliance.


                                                                       (Sandeep Kumar, J)

P. Kumar

U     T


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