Patna High Court
Bhola YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The application for regular bail is rejected.
Summary
The petitioner, Bhola Yadav, applied for regular bail in a case registered under Section 309(6) of the Bharatiya Nyaya Sanhita, 2023, alleging involvement in the looting of Rs.21,500. The prosecution’s case is based on a self‑inculpatory statement of co‑accused Prabhat Yadav, linking the petitioner to the crime. The petitioner has been in custody since 18‑11‑2025 and has five prior criminal convictions. The court considered the seriousness of the allegation and the petitioner’s antecedents and found them sufficient to deny bail. Consequently, the application for regular bail was rejected, with the court noting that its observations were prima facie and not to prejudice the trial.
Issues considered
- Whether regular bail should be granted to the petitioner under Section 309(6) of the Bharatiya Nyaya Sanhita, 2023 given the allegations and his criminal antecedents?
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 309(6)
Subjects
- regular bail
- Bharatiya Nyaya Sanhita
- Section 309
- theft
- criminal antecedents
- prima facie observation
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19850 of 2026
Arising Out of PS. Case No.-130 Year-2025 Thana- KRISHNAGARH District- Bhojpur
======================================================
Bhola Yadav S/O Sri Ram Yadav Resident of Village- Padminiya, P.S.-
Krishnagarh, Dist.- 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. Ram Naresh Ray
======================================================
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 name of the
petitioner has come in the case on the self-inculpatory statement
of the co-accused Prabhat Yadav. 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.
Patna High Court CR. MISC. No.19850 of 2026(2) dt.31-03-2026
2/2
5. Accordingly, this application for regular bail stands
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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