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Patna High Court

MANOJ SHARMA @ SOURABHversusTHE STATE OF BIHAR

Decided
Disposal
DISMISSED

Holding

The court held that there was no ground to review its earlier order and therefore denied bail.

Summary

The petitioner, Manoj Sharma, sought regular bail in a case registered under Section 392 of the Indian Penal Code for alleged robbery of Rs. 10 lakh. He had been in custody since August 25, 2021 and argued that the trial was unduly delayed, warranting bail. The State opposed the bail, asserting that sufficient material linked the petitioner to the crime and that the investigation was proceeding, including witness examination. The High Court, recalling its earlier order dismissing the bail application, found no ground to revisit that decision. Consequently, the court rejected the second bail application and directed the district courts to expedite the trial.

Issues considered

  • Whether bail should be granted to the petitioner under Section 392 IPC given prolonged pre‑trial detention and alleged trial delay
  • Whether the earlier order denying bail can be reviewed in the present application

Legislation cited

Subjects

  • bail
  • robbery
  • Section 392 IPC
  • pre‑trial detention
  • trial delay
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41991 of 2025
                  Arising Out of PS. Case No.-77 Year-2020 Thana- CHHATAUNI District- East Champaran
                 ======================================================
                 Manoj Sharma @ Sourabh S/O Chhavilal Sharma R/O Vill.- Siktaul Maniram
                 ,P.S.- Chiluatal, Dist.- Gorakhpur, U.P.

                                                                                    ... ... Petitioner/s
                                                          Versus
                 THE STATE OF BIHAR

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Ramendra Kumar Bharti
                 For the Opposite Party/s :         Mr. Awadhesh Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   11-03-2026                  Heard the learned counsel for the petitioner and the

                   learned APP for the State.

                                2. This is the 2nd attempt of the petitioner seeking bail

                   in connection with Chhatauni P.S. Case No. 77 of 2020

                   registered for the offence under Section 392 of the Indian Penal

                   Code.

                                3. Earlier the bail application of the petitioner was

                   rejected on 18.01.2024 in Cr. Misc. No. 74418 of 2023 which

                   reads as follows:-

                                                           Heard the learned counsel for the petitioner
                                              and learned APP for the State.
                                                           2. The petitioner seeks regular bail in
                                              connection with Chhatauni P.S. Case No. 77 of 2020
                                              registered for the offence under Section 392 of the
                                              Indian Penal Code.
                                                           3. As per the prosecution case, unknown
                                              criminals looted Rs. 10 Lacs from the informant and his
                                              driver.
Patna High Court CR. MISC. No.41991 of 2025(5) dt.11-03-2026
                                            2/3




                                                4. Learned counsel for the petitioner
                                  submits that the petitioner is in custody since
                                  25.08.2021. He is quite innocent and has not committed
                                  any offence.
                                                5. During investigation, sufficient materials
                                  have come to connect the petitioner with the alleged
                                  crime. Petitioner is a resident of Uttar Pradesh and it
                                  appears that he is committing crimes in the area of East
                                  Champaran and WestChamparan and the petitioner is
                                  accused in 12 more cases.
                                                6. Considering the facts and circumstances
                                  of the case, I am not inclined to grant bail to the
                                  petitioner. This application for regular bail is dismissed.
                                                7. The District Judge, East Champaran and
                                  District Judge, West Champaran are directed to conclude
                                  the trial of the cases registered against the petitioner at
                                  the earliest.
                                                8. Let a copy of this order be communicated
                                  to the District Judge, East Champaran and District Judge,
                                  West Champaran and Superintendent of Police, East
                                  Champaran and Superintendent of Police, West
                                  Champaran through FAX for its compliance forthwith.



                       4. The main contention of the learned counsel for the

          petitioner is that the petitioner is in custody since 25.08.2021

          and the trial is being delayed; therefore, the petitioner deserves

          to be granted bail.

                       5. Mr. Jharkhandi Upadhyay, the learned APP for the

          State has vehemently opposed the prayer of the petitioner and

          has filed a counter affidavit.

                       6. Upon perusal of the counter affidavit, it appears

          that the State is taking all necessary steps to ensure the

          examination of witnesses during the course of the trial.

                       7. In view of the aforesaid circumstances, this Court
            Patna High Court CR. MISC. No.41991 of 2025(5) dt.11-03-2026
                                                        3/3




                      finds no ground to review its earlier order. Accordingly, the

                      present application for grant of regular bail stands rejected.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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