Patna High Court
Raghuvir Kumar @ Raghubir KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court denied regular bail to the petitioner.
Summary
The petitioner, Raghuvir Kumar, was arrested in connection with a robbery of Rs.5,45,874 from a gas godown, with his mobile number captured at the scene, indicating his presence. He has been in custody since 13 August 2025 and filed an application for regular bail under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023. The court examined the seriousness of the allegations and the prima facie material linking the petitioner to the offence. Considering the grave nature of the crime and the evidence presented, the court was not inclined to grant bail. Consequently, the application for regular bail was rejected, with the court noting that its observations are limited to the bail application and do not prejudice the trial.
Issues considered
- Whether the petitioner is entitled to regular bail under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023 given the seriousness of the alleged offence
- Whether the prima facie evidence, including the captured mobile number, warrants denial of bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 309(4)
Subjects
- regular bail
- Section 309(4)
- Bharatiya Nyaya Sanhita
- prima facie evidence
- theft
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32552 of 2026
Arising Out of PS. Case No.-342 Year-2025 Thana- CHAPRA TOWN District- Saran
======================================================
Raghuvir Kumar @ Raghubir Kumar S/o Gajendra Rai R/o Village-
Tandaspur, ward no. 3 @ Koyali Tandaspur, P.S.- Bathnaha, Dist.- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Md. Mobassar Ali, Advocate
Mr. Santosh Kumar
For the Opposite Party/s : Mr. Ajay Kumar No. 2
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 19-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. This is an application for grant of regular bail
arising out of Chapra Town P.S. Case No. 342 of 2025,
registered for the offence punishable under Section 309(4) of the
Bharatiya Nyaya Sanhita, 2023.
3. Unknown criminals have looted an amount of
Rs.5,45,874/- from the Gas godown of the informant. The
petitioner is in custody since 13.08.2025.
4. In the dump data, the mobile number of the
petitioner was captured meaning thereby that the petitioner was
present at the place of occurrence. The allegations against the
petitioner are serious and grave in nature. There exists prima
Patna High Court CR. MISC. No.32552 of 2026(2) dt.19-06-2026
2/2
facie material against the petitioner indicating his involvement
in the commission of the offence.
5. Considering the aforesaid facts and circumstances,
this Court is not inclined to grant regular bail to the petitioner.
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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