Patna High Court
Bihari KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 111(3), 309(4), 317(2)
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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