Patna High Court
Rambharos Kumar @ Ram Bharos Kunwar @ RambharosiversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court upheld the earlier decision and denied bail, dismissing the application.
Summary
Rambharos Kumar was arrested in connection with a case registered on 30‑10‑2024 for alleged extortion, shooting at an elderly woman and theft of Rs 20,000, and is charged under Sections 126(2), 115(2), 308(5), 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. He had earlier applied for regular bail, which was rejected on 03‑09‑2025 on the ground of the seriousness of the offences and his antecedent criminal history. The petitioner filed a second bail application, contending that the charge‑sheet had been framed but the trial was delayed and he had been in custody for more than a year. The Court examined whether any new material or change in circumstances justified revisiting the earlier order. Finding no new ground and noting the gravity of the offences and the ongoing trial, the Court dismissed the second bail application and directed the Superintendent of Police to ensure witness attendance. The order was communicated to the police for compliance.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seriousness of the offences and the length of his pre‑trial detention
- Whether any new facts or change in circumstances warrant a review of the earlier bail denial
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 115(2), 126(2), 308(5), 3(5), 351(2), 352
Subjects
- bail
- pre‑trial detention
- serious offences
- extortion
- assault
- arms possession
- trial delay
- gravity of offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91802 of 2025
Arising Out of PS. Case No.-358 Year-2024 Thana- BEGUSARAI MUFFASIL District-
Begusarai
======================================================
Rambharos Kumar @ Ram Bharos Kunwar @ Rambharosi Son of Late Ram
Surat Kunwar Village - Kaithma, P.S.- Begusarai Muffasil, District -
Begusarai.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shubhesh Pandey
For the Opposite Party/s : Mr.Rina Sinha
======================================================
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 Begusarai Muffasil P.S.
Case No. 358 of 2024. Earlier the bail application of the
petitioner was rejected vide order dated 03.09.2025 passed in
Cr. Misc. No. 42721 of 2025 which reads as under:-
“Heard learned counsel for the petitioner
and learned APP for the State.
2. The petitioner seeks bail in connection
with Muffasil P.S. Case No. 358 of 2024 registered for
the offence punishable under Sections 126(2), 115(2),
308(5), 352, 351(2) and 3(5) of the Bharatiya Nyaya
Sanhita and Section 27 of the Arms Act.
3. The petitioner and his brother demanded
extortion and shot at the old lady. Thereafter, they took
away Rs. 20,000/- from the informant.
Patna High Court CR. MISC. No.91802 of 2025(2) dt.12-02-2026
2/2
4. The petitioner is accused in six more
cases of similar and serious nature. The petitioner is in
custody since 30.10.2024.
5. Considering the gravity of the offence and
the antecedent, I am not inclined to grant bail to the
petitioner.
6. Accordingly, the application stands
dismissed. ”
3. It has very fairly been submitted by the learned
counsel for the petitioner that the charge has already been
framed in this case but the same is delayed and the petitioner is
in custody since 30.10.2024.
4. In view of the fact that the trial is progressing 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.
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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