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Patna High Court

Avinash Kumar @ Avinash Bharti @ Abhinash KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court denied regular bail to the petitioner.

Summary

Avinash Kumar was charged under Section 310(2) of the Bharatiya Nyaya Sanhita, 2023 for a robbery in which an informant’s motorcycle, driving licence and Aadhaar card were stolen. The prosecution alleged that the stolen items were recovered from the petitioner, while the petitioner claimed innocence and sought regular bail after being in custody since 20‑06‑2025. The State opposed bail, highlighting three prior criminal convictions of the petitioner. The court examined the evidence, including the recovery of the stolen documents, and considered the petitioner’s criminal antecedents. Concluding that the circumstances did not warrant release, the court rejected the regular bail application.

Issues considered

  • Whether regular bail should be granted to a person accused under Section 310(2) of the Bharatiya Nyaya Sanhita, 2023 in view of the recovery of stolen items from him
  • Whether the petitioner’s three prior criminal antecedents justify denial of bail

Legislation cited

Subjects

  • regular bail
  • Section 310(2)
  • Bharatiya Nyaya Sanhita
  • criminal antecedents
  • theft
  • evidence recovery

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4235 of 2026
                       Arising Out of PS. Case No.-58 Year-2025 Thana- HALAI District- Samastipur
                 ======================================================
                 Avinash Kumar @ Avinash Bharti @ Abhinash Kumar Son of Vijay Bharti @
                 Vijay Bhartis Resident of village - Baundih Asli, Police Station - Shahpur
                 Patori, District - Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Mahendra Pratap
                 For the Opposite Party/s :       Mr. Pawan Kumar Chaurasia
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   25-03-2026                  Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Halai P.S. Case No. 58 of 2025 registered for the offence under

                   Sections 310(2) of the Bharatiya Nyaya Sanhita, 2023.

                                3. As per the prosecution case, unknown criminals

                   intercepted the informant in the way and on the point of pistol,

                   they snatched motorcycle, driving license, aadhar card etc., from

                   the informant.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has not committed any offence.

                   Petitioner is in custody since 20.06.2025.

                                5. Per contra, learned counsel for the State
            Patna High Court CR. MISC. No.4235 of 2026(3) dt.25-03-2026
                                                        2/2




                      vehemently opposes the bail application and submits that the

                      petitioner has three criminal antecedents.

                                   6. I have considered the submissions of the parties and

                      have gone through the records of the case. The looted Aadhar

                      Card and Driving License of the informant have been recovered

                      from the petitioner.

                                   7. Considering the aforesaid facts, this Court is not

                      inclined to grant regular bail to the petitioner. Accordingly, this

                      application for regular bail stands rejected.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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