Patna High Court
Prem Sagar Kumar @ Prem SagarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court denied bail, holding that the circumstances did not warrant its grant.
Summary
Prem Sagar Kumar was arrested on 26 July 2024 in connection with a robbery under Section 394 of the Indian Penal Code, where unknown assailants allegedly looted Rs. 2,500 and a mobile phone. The looted mobile phone and a country-made pistol were recovered from the petitioner. He applied for regular bail, which was first rejected on 16 April 2025. The petitioner made a second bail application, arguing that the trial was nearing its conclusion. The court, noting the seriousness of the offence, the recovery of the weapon and stolen items, and that the trial was close to completion, declined to review its earlier order and dismissed the bail application, directing the lower court to expedite the trial.
Issues considered
- Whether bail should be granted to the accused in a case under Section 394 IPC when the trial is near conclusion and incriminating evidence has been recovered.
Legislation cited
- Indian Penal Code — s. 394
Subjects
- bail
- Section 394 IPC
- robbery
- criminal procedure
- high court
- trial expeditious
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80322 of 2025
Arising Out of PS. Case No.-293 Year-2024 Thana- MURLIGANJ District- Madhepura
======================================================
Prem Sagar Kumar @ Prem Sagar S/O Molchandra Mandal @ Mulchand
Mandal @ Birchand Kumar Resident of Village- Gangapur Ward No. 06, P.S.-
Murliganj, District- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kamal Kishore Singh
For the Opposite Party/s : Mr.Harendra Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 09-01-2026 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 Murliganj P.S.
Case No. 293 of 2024 registered for the offence punishable
under Section 394 of the Indian Penal Code.
3. Earlier the bail application of the petitioner has
been rejected vide order dated 16.04.2025 passed in Cr. Misc.
No. 17264 of 2025, which reads as under:
“Heard the learned counsel for the
petitioner and learned APP for the State.
2. The petitioner, who is in jail since
26.07.2024,seeks regular bail in connection with
Murliganj P.S. Case No. 293 of 2024 registered
for the offence under Section 394 of the Indian
Penal Code.
3. As per the prosecution case,
Patna High Court CR. MISC. No.80322 of 2025(2) dt.09-01-2026
2/2
unknown criminals on the point of pistol looted
Rs. 2,500/- cash and one mobile phone from the
informant.
4. The looted mobile phone and a
country made pistol have been recovered from
the petitioner.
5. Considering the aforesaid facts and
circumstances, I am not inclined to grant bail to
the petitioner. Accordingly, this application for
regular bail is rejected.”
4. In the trial, charge has been framed.
5. Considering the fact that the trial is on the verge of
conclusion, I am not inclined to review my earlier order dated
16.04.2025.
6. Accordingly, the application stands dismissed.
7. The Court below is directed to expedite the trial.
(Sandeep Kumar, J)
P. Kumar
U T
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