Patna High Court

Dev Thakur @ KalluversusThe State of Bihar

Decided: 26 March 2026
Disposal: DISMISSED
Bench: SANDEEP KUMAR

Holding

Bail was denied as the court was not inclined to grant it given the gravity of the offence.

Summary

The petitioner, Dev Thakur, applied for bail in a criminal case (Sultanganj P.S. Case No. 415 of 2025) registered under Section 309(6) of the BNS, 2023. The prosecution alleges that the petitioner and co‑accused booked the informant’s brother’s Toto and looted a mobile phone and the Toto. The petitioner has been in custody since 14 September 2025, and a phone call made from his phone to a co‑accused was presented as evidence of his involvement. The court examined the gravity of the offence and the evidentiary material linking the petitioner to the crime. Considering the seriousness of the charge and the phone‑call evidence, the court declined to grant bail and dismissed the application.

Issues considered

Whether bail should be granted to the petitioner in a case under Section 309(6) of the BNS, 2023 considering the alleged theft and the evidentiary phone call.

Legislation cited

BNS, 2023 — s. 309(6)

Subjects

bail
Section 309(6)
BNS 2023
theft
phone call evidence
gravity of offence

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.7073 of 2026
                    Arising Out of PS. Case No.-415 Year-2025 Thana- SULTANGANJ District- Bhagalpur
                  ======================================================
                  Dev Thakur @ Kallu S/o Anil Thakur R/o - Masdi, Ward No.02, P.S -
                  Sultanganj, District - Bhagalpur, Bihar
                                                                      ... ... Petitioner/s
                                                      Versus
                  The State of Bihar Bihar
                                                               ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr.Vinay Kumar Mishra
                  For the Opposite Party/s :      Mr.Umanath Mishra
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                        ORAL ORDER

3    26-03-2026                    Heard the parties.

                                 2. The petitioner seeks bail in connection with

                    Sultanganj P.S. Case No. 415 of 2025 registered for the offence

                    under Sections 309(6) of the BNS, 2023.

                                 3. As per the prosecution case, the petitioner and

                    others are said to have booked the Toto of the informant’s

                    brother and have committed loot of mobile phone and toto.

                                 4. The petitioner is in custody since 14.09.2025.

                                 5. During investigation, the involvement of the

                    petitioner has come in the crime as a phone call was found to be

                    made from the phone of the petitioner to a co-accused.

                                 6. Considering the gravity of the offence, this Court is

                    not inclined to grant bail to the petitioner.

                                 7. Accordingly, this application is dismissed.


                                                              (Sandee Kumar, J)
Vikas/-

U

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