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Patna High Court

Bhulchula @ Bhulchula Yadav @ Subhash Yadav @ Subhash Kumar @ Bhulchul YadavversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The application for regular bail is dismissed.

Summary

The petitioner, Bhulchula Yadav, was charged under Section 395 of the Indian Penal Code for a dacoity at Bandhan Bank, Motihari, involving a loot of over Rs.3,00,000. He applied for regular bail for the second time after his earlier bail plea was rejected on 5 October 2024. The court noted that investigation material, including a self‑incriminatory statement of a co‑accused, linked the petitioner to the crime and that the trial had already commenced. The court found no ground to revisit its earlier order denying bail. Consequently, the application for regular bail was dismissed.

Issues considered

  • Whether the petitioner is entitled to regular bail under the circumstances.
  • Whether the earlier order denying bail can be reviewed.
  • Whether the investigation material is sufficient to justify denial of bail.

Legislation cited

Subjects

  • bail
  • Section 395 IPC
  • dacoity
  • criminal procedure
  • regular bail
  • investigation
  • self‑incriminatory statement

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.48081 of 2025
                   Arising Out of PS. Case No.-425 Year-2023 Thana- SUGAULI District- East Champaran
                 ======================================================
                 Bhulchula @ Bhulchula Yadav @ Subhash Yadav @ Subhash Kumar @
                 Bhulchul Yadav S/o- Sheo Shankar Rai @ Shiva Sankar Ray R/o - Kanti
                 Kushi, P.S - Kanti , District - Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Sanjay Kumar Jha
                 For the Opposite Party/s :         Mr. Jharkhandi Upadhyay, APP
                                                    Mr. Murli Dhar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   11-03-2026                  Heard the learned counsel for the petitioner and the

                   learned APP for the State.

                                2. This is the 2nd attempt of the petitioner seeking bail

                   in connection with Sugauli P.S. Case No. 425 of 2023 registered

                   for the offence under Section 395 of the Indian Penal Code.

                                3. Earlier the bail application of the petitioner was

                   rejected on 05.10.2024 in Cr. Misc. No. 69261 of 2024 which

                   reads as follows:-

                                                               Heard learned counsel for the petitioner
                                              and learned APP for the State.
                                                           2. The petitioner seeks bail in connection
                                              with Sugauli P.S. Case No.425 of 2023 registered for the
                                              offence punishable under Section 395 of the Indian
                                              Penal Code.
                                                           3. Unknown criminals committed a dacoity
                                              in Bandhan Bank, Motihari and looted more than
                                              Rs.3,00,000/-.
                                                           4. It has been submitted by learned counsel
            Patna High Court CR. MISC. No.48081 of 2025(4) dt.11-03-2026
                                                        2/2




                                              for the petitioner that the there is no recovery from the
                                              petitioner and no Test Identification Parade has been
                                              conducted.
                                                            5. The name of the petitioner has come in
                                              the selfinculpatory statement of co-accused Aftab Alam.
                                              Other materials have come against the petitioner to
                                              connect him with the crime. He has criminal antecedent
                                              also. The petitioner is in custody since 18.04.2024.
                                                            6. Considering the aforesaid facts, I am not
                                              inclined to grant the petitioner privilege of regular bail.
                                                            7. Accordingly, this application stands
                                              dismissed.



                                   4. Sufficient materials have come during the

                      investigation to connect the petitioner with the alleged crime.

                      The trial has started.

                                   5. This Court finds no ground to review its earlier

                      order. Accordingly, this application for regular bail stands

                      rejected.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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