Created by Fuzzy Cloud

Patna High Court

Vivek KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED
Bench
ANSUL

Holding

Bail was denied to the petitioner.

Summary

Vivek Kumar was charged under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023, for allegedly looting an informant's shop. The petitioner applied for bail before the Patna High Court, arguing that he should be released pending trial. The court noted that the petitioner is alleged to be part of the looting gang and has a criminal antecedent of seven prior cases. Considering these circumstances, the court was not inclined to grant bail. Consequently, the bail application was rejected, with the court allowing the petitioner to renew the prayer after six months. The court clarified that its observations were prima facie and limited to the bail application, not affecting the merits of the trial.

Issues considered

  • Whether bail should be granted to the accused under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023, given the alleged involvement in looting and prior criminal antecedents.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Section 309
  • looting
  • prior criminal antecedent
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36153 of 2026
                       Arising Out of PS. Case No.-366 Year-2024 Thana- PANAPUR District- Saran
                 ======================================================
                 Vivek Kumar Son of Virendar Ray Resident of village - Munza Bakhari
                 Matiari (Near School Hemu Chhapra), P.O.- Bakhri, P.S.- Baikunthpur,
                 District - Gopalganj 841420.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Jeetendra Narayan, Advocate
                 For the Opposite Party/s :       Mr.Tarun Prasad Mandal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

3   08-07-2026                    Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail in Panapur P.S. Case No.

                   366 of 2024, registered for the offence under Section 309(4) of

                   the Bharatiya Nyaya Sanhita (BNS), 2023.

                                3. The allegation against the petitioner is that of

                   looting the shop of the informant.

                                4. Considering that the petitioner is alleged to be a

                   part of the looters and has a criminal antecedent of seven cases,

                   this Court is not inclined to grant bail to the petitioner.

                                5. Accordingly, the prayer for bail of the petitioner is

                   rejected.

                                6. However, the petitioner may renew his prayer for
           Patna High Court CR. MISC. No.36153 of 2026(3) dt.08-07-2026
                                                       2/2




                     bail after six months.

                                  7. It is made clear that any observation made herein is

                     prima facie in nature and limited solely to 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.



                                                      (Ansul, J)
Vikash/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.