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Patna High Court

Sudhir Kumar @ BabaversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court held that bail could not be granted and dismissed the application.

Summary

The petitioner, Sudhir Kumar, was arrested in connection with a robbery in which three unknown assailants looted Rs. 10,000, identity documents and a vehicle from an informant’s house. The petitioner’s name appeared in a self‑inculpatory statement of a co‑accused, and he has been in custody since 8 November 2024. He filed a bail application under section 309(4) of the Bharatiya Nyaya Sanhita, 2023, which had previously been rejected on 18 June 2025. On a second attempt, the petitioner argued for bail but offered no fresh grounds. The Court, noting the gravity of the offence and the lack of new material, upheld its earlier decision and dismissed the bail application.

Issues considered

  • Whether bail should be granted to the petitioner under section 309(4) of the Bharatiya Nyaya Sanhita, 2023 in view of the facts and the earlier denial of bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • section 309
  • robbery
  • self‑inculpatory statement

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12349 of 2026
                        Arising Out of PS. Case No.-61 Year-2024 Thana- Bodhibigaha District- Gaya
                 ======================================================
                 Sudhir Kumar @ Baba Son of Hulash Yadav Resident of Village/ Mohalla-
                 Barha, P.S.- Chhakarbandha, District- Gaya
                                                                         ... ... Petitioner
                                                    Versus
                 The State of Bihar
                                                                  ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner        :         Mr. Avinash Kumar Singh, Advocate
                 For the State             :         Mr. Pranav Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   23-02-2026                        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 Bodhi Bigha P.S.

                   Case No.61 of 2024 registered for the offence under section

                   309(4) of the B.N.S., 2023.

                                      3.       Earlier, the bail of the petitioner was rejected

                   by this Court vide order dated 18.06.2025 passed in Criminal

                   Miscellaneous No.37235 of 2025. The aforesaid order dated

                   18.06.2025 reads as under:-

                                               “Heard     learned      counsel    for     the
                                      petitioner and learned APP for the State.
                                               2.   The   petitioner     seeks     bail    in
                                      connection with Bodhi Bigha P.S. Case No. 61
                                      of 2024 registered for the offence punishable
                                      under Sections 309(4) of the Bharatiya Nyaya
              Patna High Court CR. MISC. No.12349 of 2026(2) dt.23-02-2026
                                                          2/2




                                        Sanhita.
                                                3. Three unknown criminals entered the
                                        house of the informant and on gun point they
                                        committed loot of Rs. 10,000/- , Aadhar Card,
                                        identity card and one vehicle. The name of the
                                        petitioner has come in the self inculpatory
                                        statement of co-accused. The petitioner is in
                                        custody since 08.11.2024.
                                                4. Considering the fact that the
                                        petitioner along with other co-accused has
                                        committed loot in the house of the informant, I
                                        am not inclined to grant bail to the petitioner.
                                                5. Accordingly, the application stands
                                        dismissed.”

                                        4.      Considering the gravity of the offence

                        levelled against the petitioner and also the fact that no fresh

                        ground for grant of bail is made out, I am not inclined to review

                        my earlier. Accordingly, this bail application is dismissed.



                                                                   (Sandeep Kumar, J)

pawan/-

U         T


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