Patna High Court
Niraj KumarversusThe 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 petitioner, Niraj Kumar, was charged under Section 309(4) of the Bharatiya Nyaya Sanhita for an alleged looting incident, with his name appearing in a co-accused's self‑incriminatory statement. He applied for bail for the second time after an earlier bail denial on 08‑09‑2025. The petitioner argued that he had been in custody since 13‑06‑2025 and that charges were only framed on 05‑01‑2026. The Court observed that the offence was grave, the trial had already commenced, and the petitioner had not shown any fresh ground for bail. Consequently, the bail application was dismissed, with the Court noting that its observations were limited to this bail application and did not prejudice the merits of the trial.
Issues considered
- Whether bail can be granted in a second application when the trial has commenced and no fresh ground is shown
- Whether the inclusion of the petitioner’s name in a co‑accused’s self‑incriminatory statement justifies denial of bail
Legislation cited
- Bharatiya Nyaya Sanhita — s. 309(4)
Subjects
- bail
- criminal procedure
- attempted suicide
- self‑incriminatory statement
- trial commencement
- gravity of offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20671 of 2026
Arising Out of PS. Case No.-145 Year-2025 Thana- BHAGWANPUR District- Vaishali
======================================================
Niraj Kumar Son of Late Sahadev Sahani Resident of Village- Saidpur Pura,
P.S.- Patepur, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjit Kumar Thakur, Advocate
For the State : Mr.Damodar Prasad Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 30-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. This is the second attempt on behalf of the
petitioner for grant of bail in connection with Bhagwanpur P.S.
Case No. 145 of 2025 registered for the offence under Sections
309(4) of the Bharatiya Nyaya Sanhita.
3. Earlier the bail application of the petitioner has
been rejected vide order dated 08.09.2025 passed in Cr. Misc.
No. 60508 of 2025.
4. As per the prosecution case, one mobile phone,
purse and Aadhar Card were looted by unknown criminals. The
name of the petitioner has come in the self inculpatory statement
of the co-accused.
5. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.20671 of 2026(2) dt.30-04-2026
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petitioner is in custody since 13.06.2025 and charges have been
framed in the case on 05.01.2026.
6. Considering the gravity of the offence, the fact that
the trial has started and no fresh ground for grant of bail is made
out, I am not inclined to review my earlier order.
7. Accordingly, the application stands dismissed.
8. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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