Patna High Court
Pankaj Kumar @ Chandrakesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that regular bail could not be granted as the allegations were serious and prima facie material existed against the petitioner.
Summary
Pankaj Kumar applied for regular bail in a case registered under Section 309(6) of the Bharatiya Nyaya Sanhita, 2023, alleging theft of a mobile phone, purse and Aadhar card. The prosecution’s case is based on a self‑inculpatory statement of a co‑accused that implicates the petitioner, and the petitioner has two prior criminal convictions. The petitioner’s counsel argued his innocence and that he has been in custody since 27‑06‑2025. The State opposed bail, contending that the allegations are serious, that prima facie material links the petitioner to the offence, and that his antecedents warrant denial of bail. The court, considering the gravity of the offence and the prima facie evidence, declined to grant regular bail and dismissed the application, noting that its observations are limited to the bail application and will not affect the trial.
Issues considered
- Whether regular bail should be granted to the petitioner in view of the prima facie evidence against him under Section 309(6) of the Bharatiya Nyaya Sanhita, 2023.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 309(6)
Subjects
- regular bail
- prima facie evidence
- criminal antecedents
- Bharatiya Nyaya Sanhita
- Section 309(6)
- theft
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28149 of 2026
Arising Out of PS. Case No.-145 Year-2025 Thana- BHAGWANPUR District- Vaishali
======================================================
Pankaj Kumar @ Chandrakesh Kumar Son of Ram Das Choudhary Resident
of village- Maura Bujurg, Ps- Mahisaur, Dist- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vinod Pandey
For the Opposite Party/s : Mr. Jai Narain Thakur
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 06-07-2026 Heard the learned counsel for the petitioner and
learned APP for the State. Supplementary affidavit filed on
behalf of the petitioner is taken on record.
2. The petitioner seeks regular bail in connection with
Bhagwanpur P.S. Case No. 145 of 2025 registered for the
offence under Section 309(6) of the Bharatiya Nyaya Sanhita,
2023.
3. As per the prosecution case, one mobile phone,
purse and Aadhar Card were looted by unknown criminals. The
name of the petitioner has come in the self-inculpatory
statement of the co-accused.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 27.06.2025.
Patna High Court CR. MISC. No.28149 of 2026(3) dt.06-07-2026
2/2
5. Per contra, learned counsel for the State
vehemently opposes the bail application and submits that the
allegations against the petitioner are serious and grave in nature.
It is contended that there exists prima facie material against the
petitioner indicating his involvement in the commission of the
offence. The petitioner has two criminal antecedents.
6. Considering the nature and the gravity of the
offence, this Court is not inclined to grant regular bail to the
petitioner.
7. Accordingly, this application for regular bail stands
dismissed.
8. 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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