Patna High Court
Niraj Rai @ Neeraj RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
Bail was denied and the trial was ordered to be concluded within two months.
Summary
Niraj Rai was arrested in November 2022 for offences under Sections 147, 148, 149, 341, 323, 307 and 302 of the Indian Penal Code and Section 27 of the Arms Act. He filed a fourth bail application, claiming no criminal antecedent and that the trial was unlikely to conclude soon. The State opposed bail, noting that only the investigating officer remained to be examined and that the trial was close to completion. The court found no new ground to revisit the earlier bail rejections and therefore denied bail. It directed the lower court, the District Magistrate and the Superintendent of Police to expedite the trial and finish it within two months, after which the petitioner may renew his bail plea.
Issues considered
- Whether the petitioner is entitled to bail despite the absence of new grounds and the trial being near conclusion
- Whether the trial can be expedited to allow a fresh consideration of bail
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 147, 148, 149, 302, 307, 323, 341
Subjects
- bail
- judicial custody
- IPC offences
- Arms Act
- trial delay
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12719 of 2026
Arising Out of PS. Case No.-313 Year-2022 Thana- BIHIA District- Bhojpur
======================================================
Niraj Rai @ Neeraj Rai S/o- Radha Kishun Rai R/v- Sunderpur Barja Ps-
Bihiyan Dist- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bibhakar Tiwary, Advocate
For the State : Ms. Rina Sinha, APP
For the Informant : Mr. Bhaskar Shankar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioner and learned APP
for the State as also learned counsel for the informant.
2. The petitioner seeks bail in connection with S.T.
No. 379 of 2024, arising out of Bihiya P.S. Case No. 313 of
2022 instituted for the offences under Sections 147, 148, 149,
341, 323, 307 & 302 of the Indian Penal Code and Section 27 of
the Arms Act.
3. This is the fourth attempt of the petitioner for bail.
The petitioner has renewed his prayer for grant of regular bail
which was earlier rejected on merit by this Court vide orders
dated 27.06.2023, 19.04.2024 & 24.07.2025 passed in Cr. Misc.
No. 25280 of 2023, Cr. Misc. No. 15504 of 2024 & Cr. Misc.
No. 46063 of 2025, respectively, with direction in the last
Patna High Court CR. MISC. No.12719 of 2026(2) dt.25-02-2026
2/3
rejection order to renew his prayer after five months.
4. Learned counsel for the petitioner submits that the
petitioner is languishing in judicial custody since 16.11.2022
without any rhymes or reason, having no criminal antecedent.
Learned counsel for the petitioner submits that there is no
likelihood of the trial being concluded in the near future, hence,
petitioner may be enlarged on bail.
5. Learned APP for the State opposes the prayer for
grant of bail. Learned counsel for the informant submits that
only one witness i.e., the Investigating Officer is yet to be
examined in the present case.
6. There is no new ground to consider the bail petition
of the petitioner. From the submission of the informant’s
counsel, it transpires that the trial is on the verge of its
conclusion.
7. In view of the above, the prayer for bail of the
petitioner is again rejected with a direction to the court below to
expedite the trial and conclude the same expeditiously
preferably within a period of two months from today. If the trial
is not concluded within the period of two months, as stated
above, the petitioner will be at liberty to renew his prayer before
the court below.
Patna High Court CR. MISC. No.12719 of 2026(2) dt.25-02-2026
3/3
8. The District Magistrate, Bhojpur and the
Superintendent of Police, Bhojpur are also directed to take
necessary steps to produce the witness on the date fixed in the
Trial Court so that the trial could be concluded within the
stipulated period.
9. Let this order be communicated to the District
Magistrate, Bhojpur and the Superintendent of Police, Bhojpur.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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