Patna High Court
Rohit Kumar @ Rohit Kumar GuptaversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court denied regular bail, finding the offences serious enough to warrant continued custody.
Summary
Rohit Kumar Gupta was arrested in connection with a robbery in which four persons, masked and riding two motorcycles, opened fire and stole cash and documents. He was identified by the informant and has been in custody since 17 June 2025. The petitioner applied for regular bail, citing the offences under Section 309(6) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. The Patna High Court, after hearing counsel, rejected the bail application, holding that the nature and gravity of the offences warranted continued detention. However, the court directed the trial court to complete the trial within one year of receipt of the order to ensure a speedy trial.
Issues considered
- Whether regular bail should be granted to an accused charged under Section 309(6) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.
- Whether the nature and gravity of the alleged offences justify denial of bail.
- Whether the trial must be expedited to meet the right to a speedy trial.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 309(6)
Subjects
- bail
- regular bail
- Section 309
- Arms Act
- gravity of offence
- expedited trial
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89831 of 2025
Arising Out of PS. Case No.-373 Year-2024 Thana- SUGAULI District- East Champaran
======================================================
Rohit Kumar @ Rohit Kumar Gupta Son of Ashok Sah Resident of Village -
Babhan Dhawahi, Police Station - Harsidhi, District - East Champaran
(Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Tiwari, Advocate
For the Opposite Party/s : Mr. Anil Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 12-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner seeks regular bail in connection with
Sugauli P. S. Case No. 373 of 2024 in a case registered for the
offences punishable under Section 309(6) of the Bharatiya
Nyaya Sanhita and Section 27 of the Arms Act.
3. As per F.I.R., four persons riding on two
motorcycles, covering their faces, opened fire and looted cash
and other documents of the informant. Petitioner was identified
by the informant. Petitioner is in custody since 17.06.2025.
4. Considering the nature of accusation and gravity of
the offence, prayer for bail of the petitioner is rejected.
5. However, since petitioner is in custody since
Patna High Court CR. MISC. No.89831 of 2025(2) dt.12-02-2026
2/2
17.06.2025, Trial Court is directed to expedite and conclude the
trial, preferably, within a period of one year from the date of
receipt/production of copy of this order.
(Prabhat Kumar Singh, J)
Navya/-
U T
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