Patna High Court
Sachin Kumar @ Bara BabuversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was denied as the court was not convinced that the petitioner was entitled to release pending trial.
Summary
Sachin Kumar was arrested on 9 November 2025 in connection with FIR No. 240 of 2025 alleging an offence under Section 309(4) of the BNS. The petitioner contended that the FIR was fabricated, no material was recovered from his possession, and the charges were based solely on suspicion. The State opposed bail, asserting that the petitioner had made a confessional statement and that a looted motorcycle was recovered, also noting a pending case in which the petitioner was already on bail. The learned judge examined the submissions and the material on record, finding the confession and recovery of the motorcycle sufficient to deny bail. Consequently, the bail petition was refused.
Issues considered
- Whether bail should be granted to the petitioner in a case under Section 309(4) of the BNS based on the alleged confession and recovery of stolen property.
Legislation cited
- BNS — s. 309(4)
Subjects
- bail
- Section 309(4)
- BNS
- confessional statement
- looted motorcycle
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8258 of 2026
Arising Out of PS. Case No.-240 Year-2025 Thana- KAMTAUL District- Darbhanga
======================================================
Sachin Kumar @ Bara Babu S/O Ashok Kumar Mishra Resident of Village-
Kachhua, P.S- Jalley, Distt.- Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ugranath Mallik, Advocate
For the Opposite Party/s : Mr.Shantanu Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 18-03-2026 Heard Mr.Ugranath Mallik, learned counsel for the
petitioner and Mr.Shantanu Kumar, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since
09.11.2025 in connection with Kamtaul Case No. 240 of 2025,
F.I.R. dated 07.11.2025 registered for the offence punishable
under Section 309(4) of BNS.
3. The FIR of the occurrence of loot is against
unknown.
4. Learned counsel appearing for the petitioner
submits that the allegation as alleged in the FIR is false and
fabricated and the petitioner has not committed any offence as
alleged in the FIR and nothing has been recovered from
conscious possession of the petitioner and petitioner has been
made accused in the present case merely on the basis of
Patna High Court CR. MISC. No.8258 of 2026(3) dt.18-03-2026
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suspicion and the police, after investigation, submitted
chargesheet against the petitioner and the petitioner is in custody
since 09.11.2025.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner and submits that the petitioner has
confessed his guilt in the present occurrence and on the basis of
the confessional statement of the petitioner, looted motorcycle
has been recovered which was recorded in para-21 of the case
diary, apart from the aforesaid, petitioner carries one more case
other than the present one, but he fairly submits that the
petitioner is on bail in the said case, as mentioned in para-3 of
the bail petition.
6. Considering the aforesaid facts, I am not inclined to
enlarge the petitioner on bail in connection with Kamtaul Case
No. 240 of 2025 pending in the court of learned Chief Judicial
Magistrate, Darbhanga.
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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