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Patna High Court

Nagendra Kumar @ Nagendra MahtoversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Bail was denied to the petitioner.

Summary

The petitioner, Nagendra Kumar, applied for bail in a criminal case (Sessions Trial No. 317 of 2025) arising from a charge under Section 309(4) of the BNS for looting a pick‑up van after tying the victim. The prosecution alleged that the petitioner and co‑accused committed the robbery. The petitioner has been in custody since 22‑12‑2024 and faces 21 other serious cases. The court considered the gravity of the offence and the petitioner’s antecedents. Concluding that the seriousness warranted continued detention, the court refused bail. The order is limited to this bail application and does not prejudice the merits of the trial.

Issues considered

  • Whether bail should be granted to the accused under Section 309(4) of the BNS considering the seriousness of the offence and the petitioner’s criminal antecedents

Legislation cited

  • BNS — s. 309(4)

Subjects

  • bail
  • Section 309(4)
  • BNS
  • robbery
  • criminal antecedents
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20052 of 2026
                    Arising Out of PS. Case No.-216 Year-2024 Thana- UJIYARPUR District- Samastipur
                 ======================================================
                 Nagendra Kumar @ Nagendra Mahto S/O Ram Kishun Mahto R/O Village-
                 Daulatpur Chandi, P.S- Hajipur Sadar, District- Vaishali.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Dhirendra Prasad Sinha
                 For the Opposite Party/s :       Mr.Manoj Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   01-04-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2. The petitioner seeks bail in connection with

                   Sessions Trial No. 317 of 2025 arising out of Ujiyarpur P.S.

                   Case No. 216 of 2024 registered for the offence under Section

                   309(4) of the BNS.

                                   3. As per the prosecution case, the petitioner and

                   others are said to have looted the pick-up van after tying the

                   victim.

                                   4. The petitioner is in custody since 22.12.2024

                   and he is accused in 21 more cases of serious nature.

                                   5. Considering the gravity of the offence and the

                   antecedents of the petitioner, this Court is not inclined to grant

                   bail to the petitioner.
          Patna High Court CR. MISC. No.20052 of 2026(2) dt.01-04-2026
                                                      2/2




                                    6. Accordingly, this application is dismissed.

                                    7. It is, however, clarified that the observations

                    made herein are limited to the adjudication of the present bail

                    application and shall not prejudice the case of the petitioner at

                    any subsequent stage of the trial and this Court has not

                    expressed any opinion on the merits of the case.



                                                              (Sandeep Kumar, J)
Vikas/-

U


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