Patna High Court
Niraj Rai @ Neeraj RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The court held that without any fresh ground, the bail petition must be rejected.
Summary
The petitioner, Niraj Rai, was arrested in November 2022 and charged with offences under Sections 147, 148, 149, 341, 323, 307, 302 of the Indian Penal Code and Section 27 of the Arms Act. He applied for regular bail before the Patna High Court, having already been denied bail on four prior occasions. The State and the informant’s counsel opposed bail, stating that all prosecution witnesses had been examined, the prosecution evidence was closed, and the case was pending only the accused’s statement under Section 351 of the Criminal Procedure Code. The court found no fresh ground to revisit the bail application and reiterated its earlier order rejecting bail, directing the trial court to expedite the trial within two months, with a provision to renew the bail petition if the trial is not concluded. Consequently, the bail petition was dismissed.
Issues considered
- Whether the petitioner is entitled to bail despite the trial being near completion and no fresh ground being raised.
- Whether the court should entertain a fresh bail application after multiple rejections.
Legislation cited
- Arms Act — s. 27
- Criminal Procedure Code — s. 351
- Indian Penal Code — s. 147, 148, 149, 302, 307, 323, 341
Subjects
- bail
- criminal procedure
- Indian Penal Code
- Arms Act
- trial delay
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38800 of 2026
Arising Out of PS. Case No.-313 Year-2022 Thana- BIHIA District- Bhojpur
======================================================
Niraj Rai @ Neeraj Rai S/o Radha Kishun Rai R/o Vill -Sunderpur Barja, P.S-
Bihiyan, Dist- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bibhakar Tiwary, Advocate
For the Opposite Party/s : Mr.Anant Kumar 1, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-06-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with Sessions
Trial No. 379 of 2024, arising out of Bihiyan P.S. Case No. 313
of 2022 instituted for the offences under Sections 147, 148, 149,
341, 323,307 and 302 of the Indian Penal Code and Section 27
of the Arms Act.
3. Earlier, on four occasions, lastly vide order dated
25.02.2026 passed in Cr. Misc. No. 12719 of 2026, regular bail
of the petitioner was rejected by this Court considering the
submission of the informant’s counsel that trial is on the verge
of its conclusion with a liberty to renew the prayer after two
months if the trial is not concluded.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.38800 of 2026(2) dt.19-06-2026
2/2
petitioner is languishing in judicial custody since 16.11.2022
without any rhymes or reason.
5. Learned APP for the State and learned counsel for the
informant vehemently opposed the prayer for grant of bail.
Learned counsel for the informant submits that all prosecution
witnesses have been examined. The prosecution evidence has
been closed and the case is fixed for statement of accused under
Section 351 of BNSS.
6. There is no fresh ground to consider the bail petition
of the petitioner.
7. In view of the above, the prayer for bail of the
petitioner is again rejected with a direction to the court below to
expedite the trial and conclude the same expeditiously
preferably within a period of two months from today. If the trial
is not concluded within the period of two months, as stated
above, the petitioner will be at liberty to renew his prayer before
the court below.
(Rudra Prakash Mishra, J)
manish/-
U T
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