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Patna High Court

Manish KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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