Patna High Court
Rakesh Kumar Yadav @ Karu YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Regular bail was not granted to the petitioner.
Summary
The petitioner, Rakesh Kumar Yadav, was arrested in connection with a case registered under Section 309(6) of the Bharatiya Nyaya Sanhita, 2023, for assaulting an informant, looting his motorcycle, mobile phone, cash and identity documents, and attempting to kill him. The stolen items were later recovered from the petitioner, who has been in custody since 11‑12‑2025 and has three prior criminal convictions. He applied for regular bail, arguing that the recovered items and his cooperation should merit release. The court examined the seriousness of the offence, the presence of multiple aggravating factors, and the petitioner’s criminal antecedents. Concluding that the circumstances did not justify regular bail, the court rejected the bail application, emphasizing that its observations were prima facie and not to prejudice the trial.
Issues considered
- Whether regular bail should be granted to the petitioner under Section 309(6) of the Bharatiya Nyaya Sanhita, 2023 considering the nature of the offence and his criminal antecedents.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 309(6)
Subjects
- regular bail
- criminal antecedents
- theft
- assault
- attempted murder
- Section 309(6)
- Bharatiya Nyaya Sanhita
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27591 of 2026
Arising Out of PS. Case No.-225 Year-2025 Thana- SHAHKUND District- Bhagalpur
======================================================
Rakesh Kumar Yadav @ Karu Yadav S/o Bhuto Yadav R/o Village - Mamai,
P.S - Asarganj, District - Munger
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Indeshwari Prasad Mandal
For the Opposite Party/s : Mr. Rina Sinha
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 28-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Shahkund P.S. Case No. 225 of 2025 registered for the offence
under Sections 309(6) of the Bharatiya Nyaya Sanhita, 2023.
3. Two unknown criminals assaulted the informant
and looted him of his motorcycle, mobile phone, cash
amounting to Rs. 1,000, along with his Aadhaar card and PAN
card. It is further alleged that they attempted to kill him by
pressing his neck and mouth; however, upon the informant
raising an alarm and on arrival of nearby people, the accused
persons fled away with the aforesaid articles.
4. The motorcycle and looted articles have been
recovered from the possession of the petitioner who is in
Patna High Court CR. MISC. No.27591 of 2026(2) dt.28-04-2026
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custody since 11.12.2025 and has three criminal antecedents.
5. Considering the aforesaid facts and circumstances
of the case and the materials available on record, this Court is
not inclined to grant regular 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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