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Patna High Court

Neeraj Ram @ Neeraj Kumar @ Niraj Kumar @ Niraj Ram @ Niraj Kumar RamversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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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