Patna High Court
Md. EklakhversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail could not be granted in the present circumstances and dismissed the bail application.
Summary
The petitioner, Md. Eklakh, was arrested in connection with a robbery under Section 392 of the Indian Penal Code, wherein a motorcycle, mobile phone, and cash were allegedly looted. He gave a self‑inculpatory statement, and the stolen motorcycle was recovered based on his confession at a co‑accused's house. The petitioner applied for regular bail, claiming a clean antecedent and that the incident arose from road rage. The State opposed bail, emphasizing the seriousness of the offence and that the trial had already commenced. The High Court, after reviewing the earlier bail denial and considering the gravity of the charge and ongoing trial, refused to grant bail and dismissed the application, directing the police to ensure witness attendance.
Issues considered
- Whether bail should be granted to the accused in a case of robbery under Section 392 IPC after the charge has been framed and trial commenced.
Legislation cited
- Indian Penal Code — s. 392
Subjects
- bail
- robbery
- Section 392 IPC
- high court
- criminal procedure
- trial commencement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56411 of 2025
Arising Out of PS. Case No.-108 Year-2024 Thana- PUNAURA District- Sitamarhi
======================================================
Md. Eklakh S/O Mohammad Ashik @ Md. Ashik Resident of Village-
Kushmari, P.S.- Riga, Dist- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar Jha, Adv
For the Opposite Party/s : Mr.Shahabuddin Azeem @ S. Azeem, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 10-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. This is the second attempt on behalf of the
petitioner for grant of bail in connection with Punaura P.S.Case
No. 108 2024 registered for the offence punishable under
Section 392 of the Indian Penal Code.
3. Earlier the bail application of the petitioner has
been rejected vide order dated 28.08.2024 passed in Cr. Misc.
No.58604 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 Punaura P.S.Case No.
108 of 2024 registered for the offence
under section 392 of the Indian Penal
Code.
3. As per the prosecution case,
Patna High Court CR. MISC. No.56411 of 2025(3) dt.10-02-2026
2/3
unknown criminals looted one motorcycle,
mobile phone and cash of Rs. 7500/- from
the informant.
4. Petitioner has given a self
inculpatory statement and the motorcycle
has been recovered on the basis of
confessional statement of the petitioner
from the house of co-accused Shivam
Kumar @ chhotu.
5. It has been submitted by the
learned cousnel for the petitioner that
because of road rage, the occurrence took
place and the motorcycle of the informant
was taken away by the petitioner along
with others so that the motorcycle of the
informant gets repaired. Petitioner is in
jail since 27.05.2024 and has clean
antecedent as claimed by the learned
counsel for the petitioner.
6. Learned APP has vehemently
opposed the prayer for bail and has
submitted that the looted motorcycle has
been recovered from the co-accused on the
statement of the petitioner.
7. Considering the aforesaid
facts and circumstances, I am not incliend
to grant bail to the petitioner. This
application for regular bail is accordingly,
rejected.
4. Learned counsel for the petitioner 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
order.
Patna High Court CR. MISC. No.56411 of 2025(3) dt.10-02-2026
3/3
6. Accordingly, the application stands dismissed.
7. The Superintendent of Police, Sitamarhi 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, Sitamarhi forthwith through FAX or
e-mail for its compliance.
(Sandeep Kumar, J)
N.K/-
U T
Checking your session…