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Patna High Court

Anubhav Kumar @ KanjhappaversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court denied bail, holding that the seriousness of the offences and the petitioner’s criminal antecedents warrant continued detention.

Summary

The petitioner, Anubhav Kumar, sought regular bail for offences under Sections 393, 307, 326 of the Indian Penal Code and Section 27 of the Arms Act, relating to a train‑loot incident where a firearm was discharged. The trial is underway with six of ten witnesses already examined. The petitioner claimed innocence but has 13 prior criminal convictions and has been in custody since April 2023. The State opposed bail, emphasizing the seriousness of the offences and the petitioner’s antecedents. The Court, noting the gravity of the crimes and the advanced stage of trial, declined to revisit its earlier order and dismissed the bail application.

Issues considered

  • Whether bail should be granted to the petitioner given the seriousness of the offences under IPC and the Arms Act
  • Whether the petitioner’s criminal antecedents and the stage of trial justify denial of bail

Legislation cited

Subjects

  • bail
  • criminal antecedent
  • serious offence
  • trial stage
  • Indian Penal Code
  • Arms Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.943 of 2026
                     Arising Out of PS. Case No.-115 Year-2023 Thana- PATNA RAIL P.S. District- Patna
                 ======================================================
                 Anubhav Kumar @ Kanjhappa S/O Syam Prasad @ Umesh Prasad R/O
                 Mohalla- Koiri Tola, Math Lakshmanpur, P.S- Alamganj, Distt.- Patna.
                                                                           ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Pramod Kumar, Advocate
                 For the State            :        Mr.Rajiv Nayan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   09-02-2026                   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 S. Tr. No. 1011 of

                   2023, arising out of Patna Junction P.S. Case No. 115 of 2023,

                   registered for the offence under Sections393/307/326 of the

                   Indian Penal Code and section 27 of the Arms Act.

                                 3. Earlier the bail application of the petitioner has

                   been rejected vide order dated 06.08.2025 passed in Cr. Misc.

                   No. 27190 of 2025, which reads as under:

                                            “Heard the parties.
                                            2. The petitioner seeks regular bail in
                                 connection with S. Tr. No. 1011 of 2023, arising
                                 out of Patna Junction P.S. Case No. 115 of 2023,
                                 registered      for     the     offence     under
                                 Sections393/307/326 of the Indian Penal Code
                                 and section 27 of the Arms Act.
                                            3. As per prosecution case, the
                                 petitioner was trying to commit loot in the train
           Patna High Court CR. MISC. No.943 of 2026(2) dt.09-02-2026
                                                       2/2




                                  has fired which hit the victim.
                                              4. Learned counsel for the petitioner
                                  submits that petitioner is innocent and has not
                                  committed any offence. Petitioner has 13 criminal
                                  antecedents and he is in custody since
                                  03.04.2023.
                                              5. Learned A.P.P. has vehemently
                                  opposed the prayer for bail.
                                              6. Considering the gravity of offence
                                  and criminal antecedent of the petitioner, this
                                  Court is not inclined to grant bail to the
                                  petitioner.
                                              7. Accordingly, this application for
                                  regular bail is dismissed.”

                                  4. Learned counsel for the petitioner fairly submits

                     that the trial has started and out of ten witnesses, six witnesses

                     have been examined.

                                  5. Considering the gravity of the offence and the fact

                     that six out of ten witnesses have been examined, I am not

                     inclined to review my earlier order.

                                  6. Accordingly, the application stands dismissed.


                                                                        (Sandeep Kumar, J)

P. Kumar

U     T


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