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Patna High Court

Bablu MiyanversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court denied regular bail to the petitioner.

Summary

Bablu Miyan, the petitioner, was arrested in 2025 for a 2006 robbery and dacoity case (Section 395 IPC) involving an armed bus robbery. He applied for regular bail, claiming he was falsely implicated, not named in the FIR, and was residing out of state at the time of the incident. The prosecution opposed bail, noting his three prior criminal antecedents and the seriousness of the offence. The court examined the delay between the alleged offence and the arrest, the nature of the charge, and the petitioner’s criminal record. Concluding that the circumstances did not warrant bail, the judge rejected the bail application and ordered the trial to be expedited within six months.

Issues considered

  • Whether regular bail should be granted to an accused in a dacoity case (Section 395 IPC) after a long lapse between the offence and arrest
  • Whether the petitioner’s claim of non-mention in the FIR and alleged innocence affect the bail decision

Legislation cited

Subjects

  • regular bail
  • dacoity
  • Section 395 IPC
  • delay in trial
  • criminal antecedents
  • FIR
  • bail petition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.58467 of 2025
                          Arising Out of PS. Case No.-78 Year-2006 Thana- JADIA District- Supaul
                 ======================================================
                 Bablu Miyan Son of Kuddus Miyan Resident of Village- Bishunpur, P.S.-
                 Kumarkhand, District- Madhepura.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :        Ms. Patla Kumari
                 For the State             :        Mr. Akbar Ali
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

5   12-01-2026                      Heard the learned counsel for the petitioner as well as

                   the learned Additional Public Prosecutor for the State.

                                2. The petitioner is seeking regular bail in connection with

                   Jadia P.S. Case No. 78 of 2006, registered for the offences punishable

                   under Section 395 of the IPC.

                                3. As per the prosecution story, on 13.11.2006, some

                   armed miscreants intercepted the passenger bus, holding the

                   conductor and driver at gunpoint. The assailants looted cash and

                   valuables from conductors and passengers and fled away.

                                4. The learned counsel for the petitioner has submitted that

                   the petitioner is innocent and has falsely been implicated in this case.

                   He has further submitted that the FIR is against some unknown

                   persons and the petitioner is not named in the FIR. He was residing

                   out of the State and was not aware with existence of this case. The
             Patna High Court CR. MISC. No.58467 of 2025(5) dt.12-01-2026
                                                         2/2




                       petitioner is under custody since 07.02.2025.

                                    5. On the other hand, the learned APP for the State has

                       opposed the prayer for bail.

                                    6. The present case is of the year 2006 and the petitioner

                       was arrested in the year 2025. He has three criminal antecedents.

                                    7.    Considering       the    above-mentioned   facts   and

                       circumstances, presently, I am not inclined to grant bail to the

                       petitioner. Accordingly, it is rejected.

                                    8. The learned Court below is directed to expedite the trial

                       and shall take every endevour to dispose it of within a period of six

                       months.


                                            (Nawneet Kumar Pandey, J)

priyanka/-

U      T


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