Patna High Court

Disco @ Diwakar Kumar@ Diwakar RajakversusThe State of Bihar

Decided: 30 April 2026
Disposal: DISMISSED
Bench: SANDEEP KUMAR

Holding

The Court held that bail should not be granted and dismissed the petitioner's bail application.

Summary

The petitioner, Diwakar Kumar, is in custody for alleged robbery of Rs. 18,39,192 from Bhagalpur Central Co-operative Bank, charged under sections 395 and 397 of the Indian Penal Code. The prosecution’s case is based on an FIR lodged on 4 December 2021 and CCTV footage from Farakka that purportedly shows the petitioner. The petitioner applied for bail, arguing that he has been in custody since 10 October 2025. The Court examined the facts, including the seriousness of the offences and the evidence presented. Concluding that the circumstances did not warrant bail, the Court dismissed the bail application.

Issues considered

Whether the petitioner is entitled to bail in a case involving offences under sections 395 and 397 of the Indian Penal Code.

Legislation cited

Indian Penal Code — s. 395, 397

Subjects

bail
robbery
IPC 395
IPC 397
criminal procedure
high court
custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21620 of 2026
                   Arising Out of PS. Case No.-294 Year-2021 Thana- SHAMBHUGANJ District- Banka
                 ======================================================
                 Disco @ Diwakar Kumar@ Diwakar Rajak S/O Biru Rajak R/O Vill.- Dighi
                 Kishanpur, Police Station -Madhusudanpur, District - Bhagalpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ajay Mukherjee
                 For the Opposite Party/s :       Mr.Anish Chandra
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   30-04-2026                   Heard the parties.

                                2. The petitioner is in custody in connection with

                   Shambhuganj P.S. Case No. 294 of 2021 for the offence under

                   sections 395 and 397 of the Indian Penal Code lodged on

                   04.12.2021 by the informant, Mithlesh Kumar Jaiswal.

                                3. As per the prosecution story, the Branch Manager

                   alleged that the accused persons barged into Bhagalpur Central

                   Co-operative        Bank,     Shambhuganj          and   took   away      Rs.

                   18,39,192/-. Accordingly, the F.I.R.

                                4.     The     Investigating    Officer,     in    course         of

                   investigation, went to Farakka where a CCTV footage of the

                   loot was provided in which amongst others, the petitioner was

                   also sighted. The petitioner is in custody since 10.10.2025.

                                     5. Considering the aforesaid facts, this Court is not
          Patna High Court CR. MISC. No.21620 of 2026(2) dt.30-04-2026
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                    inclined to grant bail to the petitioner.

                                 6. Accordingly, this application stands dismissed.



                                                                (Sandeep Kumar, J)
Vikas/-

U

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