Patna High Court
Upendra KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 304(2), 318(4)
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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