Patna High Court
Pritam KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court dismissed the bail application, refusing to grant regular bail to the petitioner.
Summary
The petitioner, Pritam Kumar, applied for regular bail in a case registered under IPC Section 412 and Arms Act Sections 25(1‑b)a and 26, alleging recovery of seven cartridges. He has been in custody since 27 June 2024 and faces nineteen additional cases, with the prosecution highlighting his criminal antecedents. The petitioner argued that charges had not yet been framed, seeking relief. The court, recalling its earlier order denying bail, found no sufficient ground to overturn that decision, emphasizing the petitioner’s prior record and the seriousness of the offences. Consequently, the bail application was dismissed and the trial court was directed to expedite framing of charges. The order reaffirmed the denial of bail pending trial.
Issues considered
- Whether regular bail should be granted to the petitioner despite pending charges and a criminal antecedent
- Whether the court can revisit its earlier order denying bail
- Whether the non‑framing of charges affects the grant of bail
Legislation cited
- Arms Act — s. 25(1-b)a, 26
- Indian Penal Code — s. 412
Subjects
- bail
- regular bail
- criminal antecedent
- Arms Act
- IPC 412
- charge framing
- trial delay
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9040 of 2026
Arising Out of PS. Case No.-171 Year-2024 Thana- AMNAUR District- Saran
======================================================
Pritam Kumar S/O Late Upendra Rai Resident of village- Jahari Pakri
(Kewari Kalan), P.S.- Amnaur, District- Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dewanand Tiwari, Advocate
For the Opposite Party/s : Mr.Md. Fahimuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 25-02-2026 Heard the parties.
2. This is the second attempt of the petitioner for
grant of regular bail in connection with Amnour P.S. Case No.
171 of 2024 registered for the offence under Sections 412 of the
Indian Penal Code and under Section 25(1-b)a, 26 of the Arms
Act. Earlier the bail application of the petitioner was rejected
vide order dated 14.05.2025 passed in Cr. Misc. No. 19892 of
2025 which reads as under:-
Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in
connection with Amnour P.S. Case No. 171 of 2024
registered for the offence under Sections 412 of the
Indian Penal Code and under Section 25(1-b)a, 26 of the
Arms Act.
3. As per the prosecution case, there is
recovery of seven cartridges from the petitioner.
4. The petitioner is in custody since
27.06.2024 and the petitioner is accused in nineteen more
Patna High Court CR. MISC. No.9040 of 2026(3) dt.25-02-2026
2/2
cases.
5. Considering the facts of the case and the
criminal antecedent of the petitioner, this Court is not
inclined to grant bail to the petitioner.
6. Accordingly, this application is dismissed.
3. It has been submitted by the learned counsel for the
petitioner that till now charges have not been framed,
4. Considering the criminal antecedents of the
petitioner, this Court finds no ground to review its earlier order.
5. Accordingly, this application is dismissed again
with direction to the concerned court below to expedite the trial
and frame the charges at the earliest.
(Sandeep Kumar, J)
tusharika/-
U T
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