Patna High Court
Niraj DasversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Indian Penal Code — s. 34, 392, 411
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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