Patna High Court
NISHCHAY KUMAR @ RAJU @ BIKRANT RAIversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court dismissed the bail applications, refusing regular bail to the petitioners.
Summary
The petitioners, Sunny Rai and Nishchay Kumar, applied for regular bail in a case registered as PS Case No. 746/2022, wherein they were charged under Section 392 of the Indian Penal Code for dacoity involving the loot of gold ornaments and cash. The prosecution alleged that unknown criminals committed the theft, and the petitioners' names appeared in the self‑inculpatory statement of co‑accused Chotelal Paswan. The petitioners contended that they were falsely implicated and offered to cooperate with the investigation, but the court noted that Sunny Rai faces six other criminal cases, including a murder charge, and Nishchay Kumar has four prior criminal antecedents. The State opposed the bail applications, emphasizing the seriousness of the offence. Considering the gravity of the dacoity charge and the petitioners' criminal histories, the court declined to grant bail and dismissed the applications.
Issues considered
- Whether bail should be granted to accused persons in a dacoity case under Section 392 IPC.
- Whether the presence of the petitioners' names in a co‑accused's self‑inculpatory statement suffices for bail.
- Whether prior criminal antecedents affect the grant of bail in serious offences.
Legislation cited
- Indian Penal Code — s. 392
Subjects
- bail
- dacoity
- Section 392 IPC
- criminal antecedents
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87512 of 2025
Arising Out of PS. Case No.-746 Year-2022 Thana- SONEPUR District- Saran
======================================================
Sunny Rai @ Sani Rai @ Sunny Kumar @ Sani Kumar @ Awadhesh Yadav
@ Awdhesh Yadav@ Awdhesh Kumar Son of Sri Rajesh Rai @ Rajesh
Kumar @ Nakat Gope @ Nakata Gope Resident of village- Digha Patti Pul,
P.S.- Digha, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 84525 of 2025
Arising Out of PS. Case No.-746 Year-2022 Thana- SONEPUR District- Saran
======================================================
NISHCHAY KUMAR @ RAJU @ BIKRANT RAI S/o- Uma Shankar Rai
R/v- Sahpur Daudpur Ps- Sahpur Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 87512 of 2025)
For the Petitioner/s : Mr.Vijay Kumar Sinha, Advocate
For the Opposite Party/s : Mr.Jai Narain Thakur, APP
(In CRIMINAL MISCELLANEOUS No. 84525 of 2025)
For the Petitioner/s : Mr.Ravi Kant Kumar, Advocate
For the Opposite Party/s : Mr.Rajendra Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 24-03-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The petitioners seek bail in connection with
Sonpur (Harihar Nath O.P.) P.S. Case No. 746/2022 registered
for the offences punishable under Section 392 of I.P.C.
Patna High Court CR. MISC. No.87512 of 2025(4) dt.24-03-2026
2/2
3. As per the prosecution case, unknown criminals
committed loot of gold ornaments and cash.
4. Learned counsel for the petitioners submits that
petitioners have falsely been implicated in the case. Learned
counsel further submits that the name of the petitioners has
come in the self-inculpatory statement of the co-accused namely
Chotelal Paswan. Petitioner namely, Sunny Rai is accused in six
more cases including a case under Section 302 I.P.C and
petitioner namely, Nishchay Kumar has four criminal
antecedents. The petitioners undertake to co-operate in the case/
trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioners.
6. Considering the gravity of the offence, this Court is
not inclined to grant bail to the petitioners.
7. Accordingly, these applications stand dismissed.
(Sandeep Kumar, J)
tusharika/-
U T
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