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Patna High Court

Gunjan KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The bail application is dismissed as no new ground for review is found.

Summary

Gunjan Kumar was arrested in connection with a dacoity and robbery case (PS Mansoorchak Case No. 128 of 2023) under Sections 395 and 397 of the Indian Penal Code. He had been in custody since 24 October 2024 and earlier sought regular bail, which was denied on 16 April 2025 due to the seriousness of the offence and his criminal antecedent. The petitioner filed a second bail application, arguing that charges were about to be framed and seeking relief. The High Court examined whether any new ground existed to revisit its earlier order and found none, emphasizing the gravity of the alleged crime. Consequently, the court dismissed the bail application, directed the trial court to frame charges promptly, and ordered the Superintendent of Police to ensure witness attendance.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the seriousness of the dacoity and robbery charges under Sections 395/397 IPC.
  • Whether any new ground exists to review the earlier bail denial order.

Legislation cited

Subjects

  • bail
  • dacoity
  • robbery
  • Indian Penal Code
  • Sections 395 and 397
  • criminal antecedent
  • charge framing
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90871 of 2025
                   Arising Out of PS. Case No.-128 Year-2023 Thana- MANSURCHAK District- Begusarai
                 ======================================================
                 Gunjan Kumar Son of Ram Sagar Mahto At present Resident of Village-
                 Damdama, PO.S.- Vidyapati Nagar, District- Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Kumar Vikram
                 For the Opposite Party/s :      Mr.Shailendra Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   12-02-2026                        Heard the parties.

                                 2. This is the second attempt of the petitioner for

                   grant of regular bail in connection with Mansoorchak P.S. Case

                   No. 128 of 2023. Earlier the bail application of the petitioner

                   was rejected vide order dated 16.04.2025 passed in Cr. Misc.

                   No. 17164 of 2025 which reads as under:-

                                               “Heard learned counsel for the petitioner
                                   and learned Additional Public Prosecutor for the State.
                                               2. The petitioner seeks bail in connection
                                   with Mansoorchak P.S. Case No. 128 of 2023
                                   registered for the offence punishable under Sections
                                   395/397 of the Indian Penal Code.
                                               3. The unknown criminals committed
                                   dacoity and looted Rupees Five Lakhs and ornaments
                                   etc. The name of the petitioner has come in the self
                                   inculpatory statement of the coaccused. The petitioner
                                   is in jail since 24.10.2024.
          Patna High Court CR. MISC. No.90871 of 2025(2) dt.12-02-2026
                                                      2/2




                                                 4. Considering the aforesaid and the
                                    criminal antecedent of the petitioner, this application is
                                    dismissed”
                                 3. It has very fairly been submitted by the learned

                    counsel for the petitioner that the charges are going to be framed

                    in this case.

                                 4. In view of the above and the considering the

                    gravity of the offence, this Court finds no new ground to review

                    its earlier order.

                                 5. Accordingly, this application is dismissed. The trial

                    Court is directed to frame the charges at the earliest and proceed

                    with the trial.

                                 6. The Superintendent of Police, Begusarai is directed

                    to ensure the attendance of the witnesses in the trial.

                                 7. Let a copy of this order be communicated to the

                    Superintendent of Police, Begusarai through FAX for its

                    compliance.



                                                              (Sandeep Kumar, J)
Vikas/-

U


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