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Patna High Court

Om Prakash @ UpendraversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court denied bail, holding that the seriousness of the offences and the commencement of trial preclude granting relief.

Summary

Om Prakash @ Upendra was charged under Sections 395, 412 and 120(B) of the Indian Penal Code for alleged dacoity, robbery and criminal conspiracy. He applied for bail before the Patna High Court, marking his third attempt to obtain relief. The court noted that the investigation had produced substantial material and that the trial had already commenced. Considering the seriousness of the offences and the stage of the proceedings, the court was not inclined to grant bail. Consequently, the petition for bail was rejected.

Issues considered

  • Whether bail should be granted to the accused in a case involving Sections 395, 412 and 120(B) of the IPC after the trial has commenced
  • Whether the seriousness of the alleged offences justifies denial of bail

Legislation cited

Subjects

  • bail
  • criminal procedure
  • IPC
  • dacoity
  • robbery
  • criminal conspiracy
  • high court

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.40569 of 2025
                         Arising Out of PS. Case No.-458 Year-2021 Thana- NAGAR District- Vaishali
                  ======================================================
                  Om Prakash @ Upendra Son of Jagarnath Singh Resident of village
                  -Sahdullapur ,Ward No- 06 ,P.S- Sakra Dist -Muzaffarpur …….Petitioner/s
                                                    Versus
                  The State of Bihar                                   ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr.Anish Kumar
                  For the Opposite Party/s :        Mr.Akshay Lal Pandit
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                        ORAL ORDER

5    24-02-2026               1.    Heard learned counsel for the petitioner and learned

                    A.P.P. for the State.

                              2.    The petitioner seeks bail in connection with Hajipur

                    Town P. S. Case No. 458 of 2021 registered for the offences

                    punishable under Sections 395, 412 and 120(B) of the Indian Penal

                    Code.

                              3.    This is the third attempt of the petitioner to seek bail.

                              4.    In the nature of allegation as alleged and the material

                    which transpired during the course of investigation and the fact that

                    the trial has commenced, the Court is not inclined to enlarge the

                    petitioner on bail.

                              5.    Accordingly, the prayer for bail of the petitioner is

                    rejected.



                                               (Satyavrat Verma, J)
Sumit/-

U         T


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