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Patna High Court

Hani RajversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that bail cannot be granted in a dacoity case under Section 395 IPC where the accused has admitted guilt, the offence is grave, and the trial has already begun.

Summary

The petitioners, Md Aftab Alam and Hani Raj, were charged under Section 395 of the Indian Penal Code for a dacoity in which Rs.3,00,000 was looted from Bandhan Bank, Motihari. Both have been in custody since April 2024 and have made self‑incriminating statements admitting participation. Their earlier bail applications were rejected on 23‑Oct‑2024 and 11‑Sep‑2024, and the charges have now been framed with the trial already underway. On a second attempt for regular bail, the court again refused, emphasizing the seriousness of the offence, the admission of guilt, and the commencement of trial. The court directed the Superintendent of Police to ensure witness attendance to avoid trial delay and ordered the dismissal of the bail applications.

Issues considered

  • Whether bail can be granted to accused persons in a dacoity case under Section 395 IPC after the charge has been framed and trial commenced
  • Whether a self‑incriminating statement by the accused precludes the grant of regular bail

Legislation cited

Subjects

  • bail
  • dacoity
  • Section 395 IPC
  • Criminal Procedure Code
  • self‑incriminating statement
  • trial commencement
  • East Champaran

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                            CRIMINAL MISCELLANEOUS No.55507 of 2025
                  Arising Out of PS. Case No.-425 Year-2023 Thana- SUGAULI District- East Champaran
                 ======================================================
                 Md. Aftab Alam @ Md Aftab Ali S/O Md. Hamid R/O Village- Parsauniya,
                 P.O and P.S- Baruraj, Distt.- Muzaffarpur.

                                                                                  ... ... Petitioner/s
                                                      Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                                                        with
                            CRIMINAL MISCELLANEOUS No. 39074 of 2025
                  Arising Out of PS. Case No.-425 Year-2023 Thana- SUGAULI District- East Champaran
                 ======================================================
                 Hani Raj Son of Lakhindra Sah R/O Vill- Thikha Kothi, P.S.- Kathaiya,
                 District- Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 (In CRIMINAL MISCELLANEOUS No. 55507 of 2025)
                 For the Petitioner/s     : Mr.Santosh Kumar
                 For the Opposite Party/s : Mr. Jharkhandi Upadhayay, APP
                 (In CRIMINAL MISCELLANEOUS No. 39074 of 2025)
                 For the Petitioner/s     : Mr.Dhananjay Kumar Tiwary
                 For the Opposite Party/s : Mr.Ashok Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   10-02-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                               2. This is the second attempt on behalf of the

                   petitioners for grant of bail in connection with Sugauli P.S.Case

                   No. 425 of 2023 registered for the offence punishable under

                   Section 395 of the Indian Penal Code.
Patna High Court CR. MISC. No.55507 of 2025(3) dt.10-02-2026
                                            2/3




                       3. Earlier the bail application of the petitioners have

          been rejected vide order dated 23.10.2024 and 11.09.2024

          passed in Cr. Misc. No.75381 of 2024 and Cr. Misc. No. 60727

          of 2024 which reads as under:-

                                                   Heard learned counsel for the
                                     petitioner and learned APP for the State.
                                                2. The petitioner seeks bail in
                                     connection with Sugauli P.S.Case No.425
                                     of 2023 registered for the offence
                                     punishable under section 395 of the Indian
                                     Penal Code.
                                                3.Unknown criminals committed
                                     a dacoity in Bandhan Bank, Motihari and
                                     looted more than Rs. 3,00,000/-. The
                                     petitioner is in custody since 18.04.2024.
                                                4. The name of the petitioner has
                                     come during investigation. The petitioner
                                     has made a self -inclupatory statement and
                                     said that he has participated in the crime.
                                     He is also involved in another case of
                                     dacoity.

                                                5. Considering the aforesaid
                                     facts, I am not inclined to grant the
                                     petitioner privilege of regular bail.
                                                6. Accordingly, this application
                                     is dismissed.”


                           4. Learned counsel for the petitioners submits that

          the charge has been framed.

                      5. Considering the gravity of the offence and the fact

          that the trial has started, I am not inclined to review my earlier
            Patna High Court CR. MISC. No.55507 of 2025(3) dt.10-02-2026
                                                        3/3




                      order.

                                      6. Accordingly, the application stands dismissed.

                                      7. The Superintendent of Police, Motihari, East

                      Champaran is directed to ensure the appearance of the witnesses

                      in the trial so that the trial is not delayed.

                                   8. Let a copy of this order be communicated to the

                      Superintendent of Police, Motihari, East Champaran forthwith

                      through FAX or e-mail for its compliance.



                                                 (Sandeep Kumar, J)
N.K/-

U       T


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