Patna High Court
Neeraj Ram @ Neeraj Kumar @ Niraj Kumar @ Niraj Ram @ Niraj Kumar RamversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
The bail application is rejected; the petitioner is not entitled to regular bail at this stage.
Summary
The petitioner, Neeraj Ram, was charged under Sections 103, 238, 61(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023, in a case pending before the District & Additional Sessions Judge‑VII, Aurangabad. He had been in custody since 28 February 2025 and had previously applied for regular bail, which was rejected on 6 August 2025. The petitioner’s counsel argued that the trial was at an early stage and that a report on the trial’s progress had been sought. The State opposed bail, noting that only three of nine prosecution witnesses had been examined, indicating that the investigation was still ongoing. After considering the stage of the trial, the custody period, and the prosecution’s position, the High Court declined to grant bail, rejecting the petitioner's application.
Issues considered
- Whether regular bail should be granted to the petitioner at the present stage of the trial under the Bhartiya Nyaya Sanhita, 2023.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 103, 238, 3(5), 61(2)
Subjects
- regular bail
- criminal procedure
- Bhartiya Nyaya Sanhita
- stage of trial
- custody
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15993 of 2026
Arising Out of PS. Case No.-34 Year-2025 Thana- KUTUMBA District- Aurangabad
======================================================
Neeraj Ram @ Neeraj Kumar @ Niraj Kumar @ Niraj Ram @ Niraj Kumar
Ram S/o Jagdish Ram R/o Village - Erka, P.S - Kutumba, District -
Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Prasad Singh, Senior Advocate
Ms. Sakshi Deep, Advocate
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 10-04-2026 Heard learned senior counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Sessions Trial No. 320/2025/32/2025, arising out of Kutumba
P.S. Case No. 34 of 2025, lodged on 26.02.2025, under Sections
103, 238, 61(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023,
pending before the Court of District & Additional Sessions
Judge-VII, Aurangabad.
3. Learned senior counsel for the petitioner submits
that the bail application of the petitioner has earlier been
rejected vide order dated 06.08.2025 passed in Cr. Misc. No.
36504 of 2025. Counsel further submits that on the previous
occasion, a report regarding the present stage of the trial was
Patna High Court CR. MISC. No.15993 of 2026(3) dt.10-04-2026
2/2
called for. Counsel also submits that the petitioner has been in
custody since 28.02.2025.
4. Learned APP for the State opposes the prayer for
bail and submits that a report has been called for and, from the
said report, it transpires that out of nine prosecution witnesses,
three prosecution witnesses have been examined.
5. In the present facts and circumstances of this case
and the submissions made above, this Court is not inclined to
grant bail to the petitioner at this stage. Accordingly, the bail
application of the petitioner is hereby rejected.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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