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Patna High Court

Niraj DasversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court dismissed the bail application, upholding its earlier order denying bail and directing the trial to be expedited.

Summary

The petitioner, Niraj Das, applied for regular bail in a case (Amarpur PS Case No. 766 of 2023) involving alleged robbery and dishonest misappropriation of property under Sections 392, 411 and 34 of the Indian Penal Code. The prosecution’s case is based on a co‑accused’s self‑inculpatory statement that led to the recovery of a looted mobile phone, implicating the petitioner. The petitioner, represented by Mr. Md. Najmul Hodda, asserted his innocence, clean antecedents, and that he had been in custody since 27‑02‑2025 with charges not yet framed. The State, represented by APP Mr. Shailendra Kumar, opposed bail, emphasizing the gravity of the offences. The Court, recalling its earlier order dated 30‑07‑2025 that denied bail, found no ground to revisit that decision and dismissed the second bail application, directing the lower court to expedite the trial and frame charges promptly.

Issues considered

  • Whether regular bail should be granted to the petitioner pending trial for offences under Sections 392, 411 and 34 of the IPC.
  • Whether the Court can review its earlier order denying bail in light of the petitioner’s custody and lack of charge framing.
  • Whether the gravity of the alleged offences justifies continued denial of bail.

Legislation cited

Subjects

  • regular bail
  • IPC 392
  • IPC 411
  • IPC 34
  • criminal procedure
  • trial delay
  • charges framing
  • bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9810 of 2026
                      Arising Out of PS. Case No.-766 Year-2023 Thana- AMARPUR District- Banka
                 ======================================================
                 Niraj Das Son of Jogi Das Resident of Harijan Tola, Dumrama, Police Station
                 - Amarpur, District - Banka.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Md.Najmul Hodda, Advocate
                 For the Opposite Party/s :      Mr.Shailendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   16-02-2026                    Heard the parties.

                                 2. This is the second attempt of the petitioner for

                   grant of regular bail in connection with Amarpur P.S. Case No.

                   766 of 2023 registered for the offence under Sections 392,

                   411/34 of the Indian Penal Code. Earlier the bail application of

                   the petitioner was rejected vide order dated 30.07.2025 passed

                   in Cr. Misc. No. 45326 of 2025 which reads as under:-

                                               Heard the learned counsel for the petitioner
                                   and learned APP for the State.
                                               2. The petitioner seeks regular bail in
                                   connection with Amarpur P.S. Case No. 766 of 2023
                                   registered for the offence under Sections 392, 411/34 of
                                   the Indian Penal Code.
                                               3. As per the prosecution case, unknown
                                   criminals have looted one mobile phone and one scooty.
                                   The name of the petitioner has surfaced during
                                   investigation in the self inculpatory statement of co-
                                   accused, on whose statement the mobile was recovered.
                                               4. Learned counsel for the petitioner submits
                                   that the petitioner is innocent and has committed no
              Patna High Court CR. MISC. No.9810 of 2026(2) dt.16-02-2026
                                                          2/2




                                        offence. The petitioner is in custody since 27.02.2025.
                                                    5. Learned A.P.P. has vehemently opposed the
                                        prayer for bail.
                                                    6. Considering the aforesaid facts and
                                        circumstances, I am not inclined to grant bail to the
                                        petitioner.
                                                    7. Accordingly, this application for regular
                                        bail is hereby rejected.
                                                    8. If the trail is delayed, the petitioner may
                                        renew his prayer for bail.

                                     3. It has been submitted by the learned counsel for the

                        petitioner that petitioner has clean antecedent and he is custody

                        since 27.02.2025. Learned counsel further submits that till now

                        charges have not been framed.

                                     4. Considering the gravity of offence, this Court finds

                        no ground to review its earlier order.

                                     5. Accordingly, this application is dismissed again

                        with direction to the concerned court below to expedite the trial

                        and frame the charges at the earliest.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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