Patna High Court
Manish KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court refused to grant regular bail to the petitioner.
Summary
The petitioner, Manish Kumar, was arrested in connection with a theft and robbery alleged under Sections 309(4) and 61 of the Bharatiya Nyaya Sanhita, 2023, for snatching Rs. 800 and a mobile phone from a toto driver while riding an Apache motorcycle. He gave a self‑inculpatory statement and incriminating items, including a knife, two mobile phones and money, were recovered from his possession. The petitioner applied for regular bail, arguing that he was in custody since 09‑02‑2026. The Court examined the seriousness of the offences, the recovery of material evidence, and the risk of tampering with evidence or influencing witnesses. Considering these factors, the Court declined to grant bail, stating that its observations were prima facie and limited to the bail application. The bail application was consequently rejected.
Issues considered
- Whether regular bail should be granted to the accused under Sections 309(4) and 61 of the Bharatiya Nyaya Sanhita, 2023, given the nature of the alleged offences and the recovery of incriminating material.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 309(4), 61
Subjects
- bail
- criminal procedure
- theft
- robbery
- Section 309(4)
- Section 61
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25108 of 2026
Arising Out of PS. Case No.-27 Year-2026 Thana- Ramgarh Chowk District- Lakhisarai
======================================================
Manish Kumar Son of Amir Yadav Resident of Village- Giddha, P.S.- Halsi,
District- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kumar, Advocate
For the Opposite Party/s : Mr. Shyam Kumar Singh, APP
Mr. Harendra Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Ramgarh Chowk P.S. Case No. 27 of 2026 registered for the
offence under Sections 309(4) and 61 of the Bharatiya Nyaya
Sanhita, 2023.
3. The petitioner is alleged to have snatched Rs. 800/-
and a mobile phone from the toto driver. The criminals were
riding an Apache motorcycle. The petitioner has been caught
and gave his self-inculpatory statement disclosing the number of
the motorcycle used in the crime. One knife, two mobile phones
as well as money have been recovered from the petitioner. The
petitioner is in custody since 09.02.2026.
Patna High Court CR. MISC. No.25108 of 2026(2) dt.16-04-2026
2/2
4. Considering the nature and gravity of the allegation
and recovery of incriminating articles from the possession of the
petitioner, this Court is not inclined to grant bail to the petitioner
at this stage.
5. Accordingly, this application for regular bail stands
rejected.
6. 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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