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Patna High Court

Amrit KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court denied bail to the petitioner, finding the circumstances did not warrant regular bail.

Summary

The petitioner, Amrit Kumar Umesh Kumar Das, applied for regular bail in a case under Section 392 of the IPC for robbery, with charge already framed and the petitioner in custody since June 2024. The petitioner argued that a co-accused had been granted bail and that the trial was pending. The State opposed bail, highlighting that looted articles and the petitioner's motorcycle were recovered and that the prosecution had examined two witnesses. The court examined the case diary, noting the seriousness of the offense and the material evidence against the petitioner. Considering the charge being framed, the evidence, and the nature of the crime, the court declined to grant bail and ordered the trial court to expedite the trial.

Issues considered

  • Whether regular bail can be granted to the petitioner under Section 392 IPC after charge has been framed and material evidence has been recovered.

Legislation cited

Subjects

  • regular bail
  • IPC 392
  • robbery
  • bail denial
  • trial expediting
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.73712 of 2025
                        Arising Out of PS. Case No.-415 Year-2023 Thana- RIGA District- Sitamarhi
                 ======================================================
                 Amrit Kumar Umesh Kumar Das @ Umesh Das Resident of Village - Mela
                 Road, Naya Tola, P.S. - Sitamarhi, Dist. - Sitamarhi.
                                                                              ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Brahmaputra Singh Ishu, Adv.
                                                   Mrs.Poonam Kumari, Adv.
                 For the Opposite Party/s :        Mr.Ram Priya Sharan Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

3   16-01-2026                     Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                 2. The petitioner seeks regular bail in connection with

                   B.P. No.967 of 2025, arising out of Riga P.S. Case No.415 of

                   2023 lodged under Section 392 of the IPC pending before the

                   Court of the ACJM-VI, Sitamarhi.

                                 3. Learned counsel for the petitioner submits that the

                   bail application of the petitioner has earlier been rejected vide

                   order dated 06.12.2024 passed in Cr. Misc. No.77709 of 2024.

                                 4. Learned counsel for the petitioner further submits

                   that the petitioner is in custody since 13.06.2024 and charge has

                   already been framed. He further submits that another co-accused

                   has been granted bail vide order dated 24.04.2024 passed in Cr.

                   Misc. No.13810 of 2024.

                                 5. Counsel further submit that progress report of the
          Patna High Court CR. MISC. No.73712 of 2025(3) dt.16-01-2026
                                                      2/2




                    trial has been called for.

                                 6. Learned counsel for the State opposes the prayer

                    for bail and submits that in the rejection order, every aspect has

                    been taken into consideration on merit. He further submits that

                    the looted articles have been recovered from the possession of

                    the petitioner and in the commission of crime, the motorcycle of

                    the petitioner was being used. In this regard, categorical

                    statement has come in the case diary in paragraph 53, 54 and 84.

                                 7. From the case diary, it transpires that charge has

                    been framed and two prosecution witnesses have been

                    examined.

                                 8. In the present facts and circumstances of this case

                    and the submissions made above, this Court is not inclined to

                    grant bail to the petitioner. Therefore, the bail application of the

                    petitioner is hereby rejected.

                                 9. However, Trial Court is hereby directed to expedite

                    the trial.



                                                (Dr. Anshuman, J)
prakashmani/-

U


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