Patna High Court
Kameshwar Das @ Kamdeo DasversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court held that regular bail could not be granted to the petitioner.
Summary
The petitioner, Kameshwar Das, was charged in a 2005 FIR for offences under Sections 457 and 380 of the Indian Penal Code, involving dacoity and looting of ornaments. He remained an absconder for 21 years and was taken into custody on 21 January 2026. He applied for regular bail before the Patna High Court. The Court examined the seriousness of the offences, the long period of evasion, and the fact that charges had not yet been framed. Considering these circumstances, the Court declined to grant regular bail, allowing the petitioner only to approach the lower court after charges are framed. The order was made clear to be prima facie and not to affect the merits of the trial.
Issues considered
- Whether regular bail should be granted to an accused who has absconded for 21 years in a case of dacoity and theft under IPC Sections 457 and 380
Legislation cited
- Indian Penal Code — s. 380, 457
Subjects
- regular bail
- dacoity
- theft
- IPC 457
- IPC 380
- absconding
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26175 of 2026
Arising Out of PS. Case No.-83 Year-2005 Thana- CHANDAN District- Banka
======================================================
Kameshwar Das @ Kamdeo Das Son of Biro Das Resident of Village-
Guhjora, P.S.- Chandan (Anandpur), District- Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Mukherjee
For the Opposite Party/s : Mr. Nand Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 22-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks regular bail in connection with
Chandan (Anandpur) P.S. Case No. 83 of 2005, registered for
offences under Sections 457 and 380 of the Indian Penal Code.
3. The petitioner and others are accused of
committing dacoity and looting ornaments, etc. The name of
the petitioner has surfaced during the investigation. The
petitioner is an absconder in this case for 21 years, as the FIR
pertains to the year 2005. The petitioner is in custody since
21.01.2026.
4. Considering the aforesaid facts and circumstances,
this Court is not inclined to grant regular bail to the petitioner.
Accordingly, this application for regular bail stands rejected
Patna High Court CR. MISC. No.26175 of 2026(2) dt.22-04-2026
2/2
with liberty to the petitioner to approach the court below after
framing of charges.
5. It is made clear that any observation made herein is
prima facie in nature and is 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
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