Patna High Court
Sandeep KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was denied as the court was not inclined to grant it given the nature of the allegations and the recovery of part of the loot.
Summary
The petitioner, Sandeep Kumar, applied for bail in a case registered as Mahuawa P.S. Case No. 156 of 2025, alleging offences under Section 309(4) of the Bharatiya Nyaya Sanhita and Sections 25(1‑b)a, 26 and 35 of the Arms Act. The alleged crime involved the looting of Rs 2 lakhs and a laptop, of which Rs 50,000 and a mobile phone were recovered from the petitioner. He has been in custody since 13 December 2025. The court considered the seriousness of the allegations and the partial recovery of the stolen property. Concluding that the nature of the offence warranted continued detention, the court refused bail. The order was limited to the bail application and did not prejudice the merits of the trial.
Issues considered
- Whether bail should be granted to the petitioner in view of the alleged offences under the Bharatiya Nyaya Sanhita and the Arms Act and the partial recovery of stolen property
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- Bharatiya Nyaya Sanhita — s. 309(4)
Subjects
- bail
- theft
- arms possession
- Bharatiya Nyaya Sanhita
- Arms Act
- Patna High Court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22208 of 2026
Arising Out of PS. Case No.-156 Year-2025 Thana- MAHUAWA District- East Champaran
======================================================
Sandeep Kumar S/O Late Shambhu Prasad Yadav R/O Village- Viadhyawsini,
P.S-Mahauawa ,District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Shankar Shrivastava, Advocate
For the State : Mr.Rajiv Nayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 09-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Mahuawa P.S. Case No. 156 of 2025 registered for the offence
punishable under Sections 309(4) of the Bharatiya Nyaya
Sanhita and Sections 25(1-b)a, 26 and 35 of the Arms Act.
3. Unknown criminals committed loot of Rs. 2 lakhs
and one laptop. The looted amount of Rs. 50,000/- and one
Oppo mobile phone has been recovered from the petitioner.
4. The petitioner is in custody since 13.12.2025.
5. Considering the nature of allegation and the fact
that the looted amount has been recovered from the petitioner, I
am not inclined to grant bail to the petitioner.
6. Accordingly, the application stands dismissed.
Patna High Court CR. MISC. No.22208 of 2026(2) dt.09-04-2026
2/2
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 express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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