Patna High Court
Rajesh Kumar @ Rajesh Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail must be denied as the seriousness of the offence and the petitioner’s criminal antecedents warrant continued custody.
Summary
The petitioner, Rajesh Kumar Yadav, was arrested in connection with a theft case (PS Case No. 135 of 2025) alleging that he looted a motorcycle, cash of Rs.1,000, a smartphone and land documents. The prosecution relied on a self‑inculpatory statement of a co‑accused that named the petitioner, and noted that he is already in custody since 8 December 2025 and faces ten other criminal cases. The petitioner sought regular bail under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023, arguing that bail should be granted. The court examined the gravity of the alleged offences, the petitioner’s criminal antecedents and the prima facie material indicating his involvement. Considering these factors, the court concluded that bail could not be granted. Consequently, the application for regular bail was rejected, with the court emphasizing that its observations were limited to the bail application and would not affect the trial’s merits.
Issues considered
- Whether regular bail should be granted to the petitioner given the seriousness of the alleged theft and his criminal antecedents
- Whether the prima facie evidence, including the co‑accused’s statement, suffices to deny bail under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 309(4)
Subjects
- regular bail
- Section 309(4)
- Bharatiya Nyaya Sanhita
- theft
- criminal antecedents
- prima facie evidence
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21830 of 2026
Arising Out of PS. Case No.-135 Year-2025 Thana- PRATAPGANJ District- Supaul
======================================================
Rajesh Kumar @ Rajesh Kumar Yadav S/O Shanichar Yadav R/V (Dahipauri)
Rambishanpur, Ward No 06, Raghopur, Dist- Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prafull Chandra Thakur
For the Opposite Party/s : Mr. Arun Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 07-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Pratapganj P.S. Case No. 135 of 2025 registered for the offence
under Sections 309(4) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioner is alleged
to have looted the informant of a motorcycle, cash amounting to
Rs. 1,000/-, a smartphone, and certain land documents kept in
the said motorcycle.
4. The name of the petitioner has come in the self
inculpatory statement of the co-accused. The petitioner is in
custody since 08.12.2025 and is accused in ten cases. The
allegations against the petitioner are serious and grave in nature.
There exists prima facie material against the petitioner
Patna High Court CR. MISC. No.21830 of 2026(2) dt.07-04-2026
2/2
indicating his involvement in the commission of the offence.
5. Considering the gravity of the offence, the criminal
antecedents of the petitioner, and the materials available on
record, this Court is not inclined to grant bail to the petitioner.
6. Accordingly, this application for regular bail stands
rejected.
7. 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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