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Patna High Court

Upendra KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that regular bail could not be granted to the petitioner.

Summary

The petitioner, Upendra Kumar, applied for regular bail in a case registered under Sections 304(2) and 318(4) of the Bharatiya Nyaya Sanhita, 2023, alleging involvement in a robbery near Danapur Station on 25-02-2026. The allegations state that he and an associate deceived an informant, snatched mobile phones, and threatened the victims with a country‑made pistol before being apprehended. The petitioner has been in custody since 26-02-2026 and has a prior criminal antecedent. The court observed that prima facie material indicates his participation in a serious offence and, considering the gravity of the charges, declined to grant regular bail. Consequently, the bail application was dismissed, with the court noting that its observations are limited to the bail matter and do not prejudice the trial.

Issues considered

  • Whether regular bail should be granted to the petitioner in view of the seriousness of the offences under Sections 304(2) and 318(4) of the Bharatiya Nyaya Sanhita, 2023 and the existence of prima facie evidence.

Legislation cited

Subjects

  • regular bail
  • robbery
  • Sections 304(2) BNS
  • Section 318(4) BNS
  • high court
  • criminal antecedent
  • prima facie evidence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43198 of 2026
                       Arising Out of PS. Case No.-115 Year-2026 Thana- KHAGAUL District- Patna
                 ======================================================
                 Upendra Kumar Son of Jugeshwar Paswan @ Jugeshar Pasvan Resident of
                 Village - Bhawani Tola, P.S.- Maner, District - Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ashok Kumar Sinha
                 For the Opposite Party/s :       Mr. Ajay Kumar Jha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   02-07-2026                  Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Khagaul P.S. Case No. 115 of 2026 registered for the offence

                   under Sections 304(2) and 318(4) of the Bharatiya Nyaya

                   Sanhita, 2023.

                                3. The allegation against the petitioner, Upendra

                   Kumar, is that he was involved in a robbery near Danapur

                   Station on 25-02-2026, where he and his associate allegedly

                   deceived the informant, snatched mobile phones from him and

                   his friend and threatened them with a country-made pistol

                   before being apprehended by the police at the spot while his co-

                   accused fled.

                                4. The petitioner is in custody since 26.02.2026 and
            Patna High Court CR. MISC. No.43198 of 2026(2) dt.02-07-2026
                                                        2/2




                      has one criminal antecedent. The allegations against the

                      petitioner are serious and grave in nature. There exists prima

                      facie material against the petitioner indicating his involvement

                      in the commission of the offence.

                                    5. Considering the nature and the gravity of the

                      offence, this Court is not inclined to grant regular bail to the

                      petitioner.

                                    6. Accordingly, this application for regular bail stands

                      dismissed.

                                    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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