Patna High Court
Ramashray Das @ Ramashraya DasversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail could not be granted and dismissed the application.
Summary
The petitioners, Ramashray Das and Laxman Das, were arrested in June 2023 in connection with a case registered under multiple sections of the Indian Penal Code and Section 27 of the Arms Act, alleged members of an extremist gang. They filed three successive applications for regular bail, the first two of which were rejected by the Patna High Court. In the present application they highlighted trial delays, the limited examination of witnesses, and sought a correction of a typographical error regarding the gang’s name. The court noted the gravity of the offences, the pending trial nearing conclusion, and the petitioners’ criminal antecedents. Consequently, the court dismissed the bail application, directing the accused to cooperate with the trial. The order emphasized that its observations are prima facie and not to affect the merits of the case.
Issues considered
- Whether the petitioners are entitled to regular bail despite the seriousness of the offences and pending trial
- Whether the alleged typographical error in earlier orders warrants any relief
- Whether trial delay and limited witness examination justify granting bail
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 147, 148, 149, 302, 323, 34, 341, 447, 448, 504, 506
Subjects
- bail
- Indian Penal Code
- Arms Act
- extremist gang
- trial delay
- high court
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17267 of 2026
Arising Out of PS. Case No.-373 Year-2023 Thana- GAURICHAK District- Patna
======================================================
1. Ramashray Das @ Ramashraya Das S/o Late Sita Das R/o vill - Bakarchak,
P.S.- Gaurichak, Distt.- Patna
2. Laxman Das @ Lakchhman Das S/o Late Sita Das R/o vill - Bakarchak,
P.S.- Gaurichak, Distt.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate
Mr. Arvind Kumar
For the Opposite Party/s : Mr. Madhuri Lata
For the Informant : Mr. Santosh Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 01-05-2026 Heard the learned Senior Counsel for the petitioners
and the learned APP for the State as well as the learned counsel
for the informant.
2. This is the third attempt of the petitioners seeking
bail in connection with Gaurichak P.S. Case No. 373 of 2023,
registered for the offences under Sections 147, 148, 149, 341,
323, 447, 448, 302, 504, 506, and 34 of the Indian Penal Code.
3. Earlier, the bail applications of the petitioners were
rejected on two occasions: first on 27.02.2024 in Cr. Misc. No.
73453 of 2023, and secondly on 11.07.2025 in Cr. Misc. No.
27001 of 2025. The order dated 11.07.2025, in respect of the
two petitioners, reads as follows:
Patna High Court CR. MISC. No.17267 of 2026(2) dt.01-05-2026
2/4
Heard the learned counsel for the petitioners
and the learned APP for the State.
2. This is the 2nd attempt of the petitioners.
Earlier the bail application of the petitioners was
rejected vide order dated 27.02.2024 passed in
Cr. Misc. No. 73453 of 2023 .
3. The petitioners seek regular bail in a case
registered for the offence under Sections 147,
148, 149, 341, 323, 347, 448, 302, 504, 506/34
of the Indian Penal Code and Section 27 of the
Arms act.
4. The following order was passed on 27.02.2024
in Cr. Misc. No. 73453 of 2023:-
Heard the learned senior counsel for the petitioners;
Mr. Krishna Pd. Singh and learned APP forthe
State and Mr. Dinkar Kumar for the informant.
2. The petitioners seek regular bail in a case
registered for the offence under Sections 147,
148, 149, 341, 323, 447, 448, 302, 504, 506, 34
of the Indian Penal Code.
3. As per the prosecution case, petitioners are
members of a extremist gang namely P.F.I.
Petitioners along with other criminals are said
to have killed the deceased.
4. The petitioners are accused in six more cases.
Petitioners are in jail since 27.06.2023.
5. Considering the criminal antecedents of the
petitioners and the fact that petitioners are
members of extremist organization, I am not
inclined to grant bail to the petitioners. This
application for regular bail is dismissed.
6. The court below is directed to expedite the trial of
the petitioners.
5. From the report of the District and
Additional Sessions Judge-V, Patna City, it appears that
the petitioners and other accused persons are delaying
the trial. Now the charge has been framed.
6. The SHO of Gaurichak Police Station is
directed to ensure the attendance of the witnesses on
the dates fixed in the court below.
7. In view of the above, this application is
dismissed.
8. Let a copy of this order be communicated
to the Senior Superintendent of Police, Patna through
FAX for its compliance forthwith.
Patna High Court CR. MISC. No.17267 of 2026(2) dt.01-05-2026
3/4
4. It is submitted that, due to inadvertence in the order
dated 27.02.2024 passed in Cr. Misc. No. 73453 of 2023, the
term “IPF” has been wrongly recorded as “PFI”.
5. In view of the above, it is prayed that the term
“PFI” appearing in the order dated 27.02.2024 in Cr. Misc. No.
73453 of 2023, as well as in the order dated 11.07.2025 passed
in Cr. Misc. No. 27001 of 2025, be read as “I.P.F.”
6. The learned Senior Counsel for the petitioners
submits that the petitioners are in custody since 27.06.2023 and
the trial is being delayed. He further submits that altogether two
witnesses out of four witnesses have only been examined.
7. The learned counsel for the informant, Mr. Santosh
Kumar, on instructions submits that two witnesses have already
been examined and the third witnesses has given his attendance
in the trial court but due to the non-cooperation of the defence,
he could not be examined.
8. Considering the gravity of the offence and the fact
that the trial is going to be concluded in the near future, this
application is dismissed. The petitioners and other accused are
directed to cooperate in the trial.
9. It is made clear that any observation made herein is
Patna High Court CR. MISC. No.17267 of 2026(2) dt.01-05-2026
4/4
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
Checking your session…