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Patna High Court

Bihari KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Regular bail was denied and the application was dismissed.

Summary

The petitioner, Bihari Kumar, applied for regular bail in a case registered under Sections 309(4), 111(3) and 317(2) of the Bharatiya Nyaya Sanhita, 2023, alleging that he and co‑accused had intercepted an informant, assaulted him, and stolen his mobile, gold pendant, cash and motorcycle on 17‑08‑2025. He has been in custody since 13‑09‑2025 and possesses three prior similar criminal antecedents. The prosecution relied on a self‑inculpatory statement of a co‑accused, establishing prima facie material against him. The Court considered the seriousness and gravity of the offences and the petitioner’s criminal history. Consequently, the Court declined to grant regular bail and dismissed the bail application, 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 under Sections 309(4), 111(3) and 317(2) of the Bharatiya Nyaya Sanhita, 2023 given the seriousness of the alleged offences and his prior criminal antecedents?

Legislation cited

Subjects

  • regular bail
  • criminal antecedents
  • prima facie evidence
  • Bharatiya Nyaya Sanhita
  • Sections 309, 111, 317
  • gravity of offence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44847 of 2026
                       Arising Out of PS. Case No.-810 Year-2025 Thana- SONEPUR District- Saran
                 ======================================================
                 Bihari Kumar S/o Sadhu Ray @ Sandhu Ray R/o Village - Chowshiya, Ward
                 no. 01, Police Station - Sonpur, District - Chapra (Saran)

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rahul Mandal
                 For the Opposite Party/s :       Mr. Md. Aslam Ansari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   09-07-2026                  Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Sonepur P.S. Case No. 810 of 2025 registered for the offence

                   under Sections 309(4), 111(3) and 317(2) of the Bharatiya

                   Nyaya Sanhita, 2023.

                                3. The allegation against the petitioner and other co-

                   accused is that on 17.08.2025 at about 7:50 PM, they

                   intercepted the informant while he was returning on his

                   motorcycle, dragged him from the vehicle at the point of pistol

                   and snatched his mobile phone, gold Bajrangbali pendant, cash

                   of Rs. 600/- and motorcycle.

                                4. The petitioner is in custody since 13.09.2025 and

                   has three criminal antecedents of similar nature. His name has
            Patna High Court CR. MISC. No.44847 of 2026(2) dt.09-07-2026
                                                        2/2




                      surfaced in the present case on the basis of the self-inculpatory

                      statement of a co-accused. 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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