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Patna High Court

Suraj KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Bail was denied to the petitioner.

Summary

The petitioner, Suraj Kumar, applied for bail in a case registered under Sections 309(4) and 317(3) of the Bihar Penal Code for allegedly looting approximately Rs. 2,55,000 and goods from a Flipkart godown. The prosecution alleged that the loot was recovered based on the statement of co‑accused Raj Babar, who identified the petitioner as an accomplice. The petitioner had been in custody since 28 January 2026. The court examined the seriousness of the alleged offence and the involvement of the petitioner, and concluded that bail could not be granted. Consequently, the bail application was dismissed, with the court noting that its observations were limited to the bail matter and did not prejudice the trial's merits.

Issues considered

  • Whether bail should be granted to the petitioner accused of loot under Sections 309(4) and 317(3) of the Bihar Penal Code

Subjects

  • bail
  • theft
  • loot
  • criminal procedure
  • Section 309
  • Section 317
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23590 of 2026
                      Arising Out of PS. Case No.-33 Year-2026 Thana- HARNAUT District- Nalanda
                 ======================================================
                 Suraj Kumar S/o Sanjay Prasad Resident of Village- Araut, P.S.- Wena,
                 District- Nalanda, Bihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Deepak Kumar
                 For the Opposite Party/s :      Mr.Rana Randhir Singh
                 ======================================================
                 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

                   Harnaut P.S. Case No. 33 of 2026 registered for the offence

                   under Sections 309(4) of the BNS and later Sections 317(3) of

                   the BNS was also added.

                                   3. As per the prosecution case, the petitioner is

                   alleged to have committed loot in the godown of flipkart and

                   looted Rs. 2,55,000/- approx and some goods also.

                                   4. The petitioner is in custody since 28.01.2026.

                                   5. During investigation, the looted articles have

                   been recovered on the statement of co-accused Raj Babar and he

                   has named the petitioner as one of his accomplice.

                                   6. Considering the involvement of the petitioner in
          Patna High Court CR. MISC. No.23590 of 2026(2) dt.09-04-2026
                                                      2/2




                    the alleged offence, this Court is not inclined to grant bail to the

                    petitioner.

                                    7. Accordingly, this application stands dismissed.

                                     8. 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/-

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