Patna High Court
Birendra Ram @ DomeversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The court held that regular bail could not be granted to the petitioner.
Summary
Birendra Ram was in judicial custody for offences punishable under Sections 318(4), 303(2) and 3(5) of the B.N.S 2023. He filed a regular bail petition asserting that he had been falsely implicated. The State opposed the bail, pointing to his identification in a test identification parade and his five prior criminal antecedents, three of which were of a similar nature. The court examined the FIR, the investigation report and the antecedent record. Considering the seriousness of the offences, the identification by the victim and the petitioner’s criminal history, the court declined to grant regular bail. Consequently, the bail petition was rejected.
Issues considered
- Whether regular bail should be granted to the petitioner in view of his identification in the test identification parade and his prior criminal antecedents
- Whether the petitioner’s criminal history warrants denial of bail under the provisions of the B.N.S 2023
Legislation cited
- B.N.S., 2023 — s. 303(2), 318(4), 3(5)
Subjects
- regular bail
- identification parade
- criminal antecedents
- B.N.S 2023
- Section 318
- Section 303
- Section 3
- bail petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78512 of 2025
Arising Out of PS. Case No.-141 Year-2025 Thana- BUXAR INDUSTRIAL District- Buxar
======================================================
Birendra Ram @ Dome S/O Late Sawali Resident of village- Murar, P.S.-
Murar, District- Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar Pradhan, Advocate
For the Opposite Party/s : Mr. Dr.Mrityunjaya Kr.Gautam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
3 17-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is in custody in connection with
Buxar Industrial P.S Case No. 141 of 2025 from the Court of
learned CJM, Buxar registered for the offences punishable under
Sections 318(4), 303(2), 3(5) of the B.N.S 2023.
3. As per allegation in the FIR, two unknown persons
have looted the ornaments and money of the informant.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in this case. It is also
submitted that petitioner is in judicial custody since 01.09.2025.
It is further submitted that petitioner has got five criminal
antecedents as stated in paragraph no. 3 of the bail petition.
Patna High Court CR. MISC. No.78512 of 2025(3) dt.17-01-2026
2/2
5. However, learned APP for the State oppose the
prayer for regular bail of the petitioner.
6. From perusal of the F.I.R., impugned order and
case diary, it appears that during investigation accused persons
arrested by Investigating Officer and during investigation,
Investigating Officer has also conducted Test Identification
Parade and victim has identified the petitioner in Test
Identification Parade. Petitioner has got total five criminal
antecedents in which three of them is of same nature of offence.
7. Considering the facts and circumstances of the
case, materials available on records and submissions made on
behalf of learned counsel for the parties, I am not inclined to
grant regular bail to the petitioner.
8. Accordingly, prayer for regular bail of the petitioner
is hereby rejected.
(Ramesh Chand Malviya, J)
Mayank/-
U T
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