Patna High Court
Shyam Kumar @ Saini Ram @ Shyam RamversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that there was no ground to review the earlier order and dismissed the bail application.
Summary
Shyam Kumar was arrested in connection with the robbery of Rs 1,07,470 from the sector manager of Swabhiman Finance Company and was charged under Section 304 of the B.N.S. The prosecution recovered Rs 43,000 in cash, a mobile phone, two live cartridges and a pistol from the petitioner, and additional items from a co‑accused. The petitioner filed a second regular bail application after an earlier bail denial, claiming he had been falsely implicated because of village politics and had been in custody since 5 Nov 2024. The Patna High Court examined the material on record and found no merit to revisit its earlier order. Accordingly, the court dismissed the bail application.
Issues considered
- Whether the petitioner is entitled to regular bail under Section 304 of the B.N.S. in view of the evidence and the earlier denial of bail?
Legislation cited
- B.N.S. — s. 304
Subjects
- regular bail
- Section 304
- B.N.S.
- robbery
- false implication
- village politics
- criminal procedure
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73086 of 2025
Arising Out of PS. Case No.-384 Year-2024 Thana- BELDOUR District- Khagaria
======================================================
Shyam Kumar @ Saini Ram @ Shyam Ram S/o Sri Bhagwan Ram Resident
of vill- Itmadi, PS- Beldaur, District- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Santosh Kumar Singh, Advocate
For the Opposite Party/s : Mr.Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 11-02-2026 Heard the parties.
2. This is the second attempt of the petitioner for grant
of regular bail in connection Beldaur P.S. Case No. 384 of 2024
registered for the offence under Section 304 of the B.N.S.
Earlier the bail application of the petitioner was rejected vide
order dated 07.03.2025 passed in Cr. Misc. No. 12430 of 2025.
3. As per the prosecution case, the informant who is
the Sector Manager of the Swabhiman Finance Company was
robbed of Rs. 1,07,470/- by unknown criminals. The petitioner
and other co-accused have been caught. There is recovery of Rs.
43,000/- cash, one Android mobile phone, two live cartridges
and one country made pistol from the petitioner. From the co-
accused Akash Kumar, Rs. 20,000/- and one unnumbered pulsar
motorcycle have been recovered.
Patna High Court CR. MISC. No.73086 of 2025(3) dt.11-02-2026
2/2
4. It has been submitted by the learned counsel for the
petitioner that the petitioner is in custody since 5.11.2024. It is
next submitted that the petitioner has falsely been implicated in
this case due to village politics.
5. Considering the aforesaid facts, this Court finds no
ground to review its earlier order.
6. Accordingly, this application is dismissed again.
(Sandeep Kumar, J)
tusharika/-
U T
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