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Patna High Court

Prabhat KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Bail is denied to the petitioner.

Summary

The petitioner, Prabhat Kumar, applied for bail in a case registered under Section 392 of the Indian Penal Code for a robbery at a State Bank of India cash centre. The prosecution alleged that four miscreants snatched Rs. 32,000 along with Aadhaar and voter ID cards, and the petitioner’s name appeared in the self‑inculpatory statement of co‑accused Kunal Kumar. The petitioner had previously sought bail, which was rejected by the same court on 6 March 2025. In the present application, the court noted that the charges have been framed and the trial has already commenced, emphasizing the gravity of the offence. Consequently, the court declined to review its earlier order and dismissed the bail application, directing the lower court to expedite the trial.

Issues considered

  • Whether bail should be granted to the accused in a robbery case under Section 392 IPC given the seriousness of the offence
  • Whether the presence of the accused’s name in a co‑accused’s self‑inculpatory statement warrants denial of bail
  • Whether the commencement of trial and framing of charges preclude the grant of bail

Legislation cited

Subjects

  • bail
  • robbery
  • Section 392 IPC
  • self‑inculpatory statement
  • trial commencement
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.67592 of 2025
                    Arising Out of PS. Case No.-324 Year-2023 Thana- DHAKA District- East Champaran
                 ======================================================
                 Prabhat Kumar S/o Jaimangal Rai @ Jaimangal Yadav @ Jaymangal Prasad
                 Yadav R/o Village- Nonaura, P.S.- Ghorasahan, District- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.Arun Kumar, Advocate
                 For the State           :        Mr.Mukesh Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   10-02-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. This is the second attempt on behalf of the

                   petitioner for grant of bail in connection with Dhaka P.S. Case

                   No. 324 of 2023 registered for the offence under Section 392 of

                   the Indian Penal Code.

                                 3. Earlier the bail application of the petitioner has

                   been rejected vide order dated 06.03.2025 passed in Cr. Misc.

                   No. 10646 of 2025, which reads as under:

                                            “Heard learned counsel for the
                                 petitioner and learned APP for the State.
                                            2. The petitioner seeks bail in
                                 connection with Dhaka P.S. Case No. 324 of
                                 2023 registered for the offence under Section
                                 392 of the Indian Penal Code.
                                            3. As per the prosecution case,
                                 informant runs CSP center of State Bank of India
                                 at Narkatiya and on 15.06.2023, while he was
           Patna High Court CR. MISC. No.67592 of 2025(3) dt.10-02-2026
                                                       2/2




                                  working, four miscreants on two motorcycle
                                  came to center and snatched Rs. 32,000/- from
                                  cash counter, several Aadhar Cards and Voter ID
                                  cards and thereafter they fled away giving him
                                  threatening him to face dire consequences.
                                             4. The name of the petitioner has come
                                  in the self inculpatory statement of co-accused
                                  Kunal Kumar from whom the Aadhar Card of the
                                  informant was recovered.
                                             5. In view of the fact that the name of
                                  the petitioner has surfaced in the self-
                                  inculpatory statement of the co-accused, this
                                  application, this Court is not inclined to grant
                                  bail to the petitioner.
                                             6. Accordingly, this application is
                                  dismissed.
                                             7. The Court below is directed to
                                  expedite the trial of the petitioner and conclude
                                  the same at the earliest.”

                                  4. From the report, it appears that the charges have

                     been framed.

                                  5. Considering the gravity of the offence and the fact

                     that the trial has started, I am not inclined to review my earlier

                     order.

                                  6. Accordingly, the application stands dismissed.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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