Patna High Court
Sudhir Kumar @ BabaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 309(4)
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
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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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