Patna High Court
Subodh KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The application for regular bail was dismissed.
Summary
The petitioner, Subodh Kumar, was charged under Sections 395 and 397 of the Indian Penal Code for alleged dacoity in a residential house. He contended that he was falsely implicated, that no incriminating articles were found on him, and that he has ten prior criminal antecedents for which he is already on bail, having been in custody since 23 June 2025. The State opposed bail, asserting that a looted Apache motorcycle was recovered from the petitioner. The court considered the seriousness of the offences, the prior antecedents, and the recovery of stolen property, and concluded that bail could not be granted. Consequently, the petition for regular bail was dismissed.
Issues considered
- Whether bail should be granted to the accused under Sections 395 and 397 IPC in view of his prior criminal antecedents and the recovery of stolen property.
Legislation cited
- Indian Penal Code — s. 395, 397
Subjects
- bail
- dacoity
- Sections 395 IPC
- Sections 397 IPC
- criminal antecedents
- recovery of stolen property
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.683 of 2026
Arising Out of PS. Case No.-128 Year-2023 Thana- MANSURCHAK District- Begusarai
======================================================
Subodh Kumar S/O Chandeshwar Bhagat R/O Village- Simari, Ward No.- 7,
P.S-Vidyapatinagar, District- Samstipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Satyaveer Jha, Advocate
For the Opposite Party/s : Ms.Madhuri Lata, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 23-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Mansurchak P.S. Case No. 128/2023 registered for the offences
punishable under Sections 395/397 of I.P.C.
3. As per the prosecution case, unknown criminals
committed dacoity in a residential house.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the case. No
incriminating articles has been recovered from his possession.
Learned counsel further submits that he has ten criminal
antecedents in which he is on bail and he is in custody since
23.06.2025. The petitioner undertakes to co-operate in the case/
trial.
Patna High Court CR. MISC. No.683 of 2026(5) dt.23-04-2026
2/2
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner on the ground that the looted
apache motorcycle has been recovered from the petitioner.
6. Considering the aforesaid facts, this Court is not
inclined to grant bail to the petitioner.
7. Accordingly, this application stands dismissed.
(Sandeep Kumar, J)
tusharika/-
U T
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