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Patna High Court

Pankaj Singh @ ChochwaversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The petition for bail was dismissed as no fresh ground for release was established.

Summary

The petitioner, Pankaj Singh, was arrested in connection with a dacoity case (PS Ekma Case No. 306 of 2019) involving robbery of Rs. 58,700 and assault on a cashier, charged under Sections 395 and 397 of the Indian Penal Code. He applied for regular bail, but the trial court had earlier rejected his bail on 2 May 2025, noting his involvement as per a self‑inculpatory statement of another accused and his seven prior serious offences. The petitioner filed a second bail application, arguing fresh grounds for release. The High Court examined the same material, found no new circumstances, and emphasized the gravity of the offences and the petitioner’s criminal antecedents. Consequently, the Court declined to grant bail, upheld its earlier order, and directed the lower court to continue the trial and frame charges accordingly.

Issues considered

  • What are the grounds for granting bail to an accused under Sections 395 and 397 IPC?
  • Whether the petitioner has shown any fresh material or changed circumstances justifying bail?

Legislation cited

Subjects

  • bail
  • dacoity
  • IPC
  • Sections 395
  • Sections 397
  • criminal procedure
  • trial separation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89969 of 2025
                          Arising Out of PS. Case No.-306 Year-2019 Thana- EKMA District- Saran
                 ======================================================
                 Pankaj Singh @ Chochwa S/o Manoj Singh R/o Village - Bagora, P.S -
                 Daurandha, District - Siwan

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Chandra Mohan Jha, Advocate
                 For the State            :        Mr.Syed Mojibur Rahman, 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 second attempt on behalf of the

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

                   No. 306 of 2019 registered for the offence under Sections 395,

                   397 of the Indian Penal Code.

                                 3. Earlier the bail application of the petitioner has

                   been rejected vide order dated 02.05.2025 passed in Cr. Misc.

                   No. 25901 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 Ekma P.S. Case No. 306 of
                                  2019 registered for the offence under Sections
                                  395, 397 of the Indian Penal Code.
                                             3. As per the prosecution case,
                                  unknown criminals committed dacoity and
                                  looted Rs. 58,700/- after assaulting the cashier.
           Patna High Court CR. MISC. No.89969 of 2025(2) dt.12-02-2026
                                                       2/2




                                              4. The name of the petitioner has
                                   transpired during the investigation. One Rahul
                                   Kumar has given a self-inculpatory statement in
                                   which the petitioner was named. The petitioner
                                   is in custody since 13.09.2024 and carries
                                   seven antecedents of similar and serious nature.
                                              5. Considering the facts and
                                   circumstances of the case, I am not inclined to
                                   grant bail to the petitioner.
                                              6. Accordingly, this application for
                                   regular bail is hereby rejected. The Court below
                                   is directed to expedite the trial.”

                                  5. Considering the gravity of the offence and the fact

                     that no fresh ground for grant of bail is made out, I am not

                     inclined to review my earlier order.

                                  6. Accordingly, the application stands dismissed.

                                  7. The Court below is directed to separate the trial of

                     the petitioner and frame the charges in accordance with law.


                                                                     (Sandeep Kumar, J)

P. Kumar

U     T


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