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Patna High Court

Subodh KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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