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Patna High Court

Prabhat YadavversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The application for regular bail was rejected.

Summary

Prabhat Yadav applied for regular bail in a case registered under Section 309(6) of the Bharatiya Nyaya Sanhita, 2023, alleging that he looted Rs.21,500 from an informant and had confessed to the offence. The prosecution highlighted that the petitioner had five prior criminal antecedents and had been in custody since 18‑11‑2025. The court examined the seriousness of the alleged offence, the confession, and the petitioner’s criminal record. Considering these factors, the court was not inclined to grant bail. Consequently, the application for regular bail was rejected, with the court noting that its observations were prima facie and limited to the bail application.

Issues considered

  • Whether regular bail should be granted to the petitioner under Section 309(6) of the Bharatiya Nyaya Sanhita, 2023, in view of his confession and prior criminal antecedents.

Legislation cited

Subjects

  • regular bail
  • bail denial
  • confession
  • criminal antecedents
  • Section 309(6)
  • Bharatiya Nyaya Sanhita
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19824 of 2026
                   Arising Out of PS. Case No.-130 Year-2025 Thana- KRISHNAGARH District- Bhojpur
                 ======================================================
                 Prabhat Yadav Son of Akshay Yadav Resident of village - Padminiya, P.S.-
                 Krishnagarh, District - Bhojpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sarveshwar Tiwary
                 For the Opposite Party/s :      Mr. Rajendra Prasad Nat
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   31-03-2026                  Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Krishnagarh P.S. Case No. 130 of 2025 registered for the

                   offence under Section 309(6) of the Bharatiya Nyaya Sanhita,

                   2023.

                                3. As per the prosecution case, unknown criminals

                   looted Rs. 21,500/- from the informant. The petitioner has

                   confessed his guilt in this self-inculpatory statement. He is in

                   custody since 18.11.2025 and has five criminal antecedents.

                                4. Considering the allegation levelled against the

                   petitioner and the criminal antecedents of the petitioner, this

                   Court is not inclined to grant regular bail to the petitioner.

                                5. Accordingly, this application for regular bail stands
            Patna High Court CR. MISC. No.19824 of 2026(2) dt.31-03-2026
                                                        2/2




                      rejected.

                                   6. It is made clear that any observation made herein is

                      prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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