Patna High Court
Om Prakash @ UpendraversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
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
- Indian Penal Code — s. 120(B), 395, 412
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
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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
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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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