Patna High Court
Gunjan KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Indian Penal Code — s. 395, 397
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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