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Patna High Court

Lal Babu Ram @ Lal BabuversusThe State Of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that given the seriousness of the offences and the commencement of trial, bail could not be granted.

Summary

The petitioner, Lal Babu Ram, applied for regular bail in a case registered under Sections 392 and 412 of the Indian Penal Code for alleged robbery and assault. The prosecution alleged that unknown criminals injured an informant and looted two mobile phones, one of which was recovered from the petitioner. The petitioner argued that he had been in custody since June 2024 and had a clean antecedent, and that charges had already been framed, warranting bail. The court noted the gravity of the offences, the fact that the trial had commenced, and found no sufficient ground to grant bail. Consequently, the bail application was dismissed for the second time.

Issues considered

  • Whether bail can be granted to the petitioner after charges have been framed and the trial has commenced for offences under Sections 392 and 412 IPC
  • Whether the petitioner’s clean antecedent and possession of a recovered mobile phone justify bail

Legislation cited

Subjects

  • bail
  • IPC Section 392
  • IPC Section 412
  • criminal procedure
  • trial commencement
  • gravity of offence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17886 of 2025
                 Arising Out of PS. Case No.-56 Year-2024 Thana- KARAMCHAT District- Kaimur (Bhabua)
                 ======================================================
                 Lal Babu Ram @ Lal Babu S/O Chandrama Ram Resident of village-
                 Majhiyaon, P.O.- Sabar, P.S.- Sabar, District- Kaimur at Bhabua

                                                                                 ... ... Petitioner/s
                                                       Versus
                 The State Of Bihar Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Rajani Kant Pandey, Advocate
                 For the Opposite Party/s :       Mr.Jagdhar Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

6   30-01-2026                  Heard the learned counsel for the petitioner and the

                   learned APP for the State.

                                2. This is the 2nd attempt of the petitioner. The

                   petitioner seeks bail in connection with Karmachat P.S. Case

                   No. 56 of 2024 registered for the offence punishable under

                   Section 392/412 of the Indian Penal Code.

                                3. Earlier the bail application of the petitioner was

                   rejected on 28.08.2024 in Cr. Misc. No. 59003 of 2024, which

                   reads as follows:-

                                              Heard learned counsel for the petitioner
                                 and learned APP for the State.
                                              2. The petitioner seeks bail in connection
                                 with Karmachat P.S. Case No. 56 of 2024
                                 registered for the offence punishable under Sections
                                 392 and 412 of the Indian Penal Code.
                                              3. As per the prosecution case, three
              Patna High Court CR. MISC. No.17886 of 2025(6) dt.30-01-2026
                                                          2/2




                                     unknown criminals injured the informant and
                                     looted two mobile phones and Rs. 700/-.
                                                  4. One looted mobile phone has been
                                     recovered from the possession of the petitioner. It
                                     has been submitted by learned counsel for the
                                     petitioner that the petitioner is in jail since
                                     08.06.2024 having clean antecedent.
                                                  5. Considering the allegation levelled
                                     against the petitioner, I am not inclined to grant
                                     bail to the petitioner.
                                                  6. Accordingly, this application stands
                                     dismissed.


                                     4. Learned counsel for the petitioner submits that

                        though the charges have been framed and therefore, the

                        petitioner may be granted bail.

                                     5. Considering the gravity of offence and the fact that

                        trial has started, no ground for review is made out. Accordingly,

                        this application for regular bail stands rejected.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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