Patna High Court
Deepak Kumar @ Dipak SawversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Regular bail is denied to the petitioner.
Summary
The petitioner, Deepak Kumar, applied for regular bail in a case registered under Sections 309(6) and 310(2) of the Bharatiya Nyaya Sanhita, 2023, alleging he snatched a mobile phone. The prosecution alleged the offence and opposed bail, emphasizing the seriousness of the charges. The petitioner claimed innocence and had been in custody since 9 April 2025. The court noted the gravity of the offence, the material collected during investigation, and the fact that bail for a similarly situated co‑accused had been denied. Consequently, the court rejected the regular bail application, clarifying that the order pertains only to this bail application and does not prejudice the trial’s merits.
Issues considered
- Whether regular bail should be granted to the petitioner under Sections 309(6) and 310(2) of the Bharatiya Nyaya Sanhita, 2023 considering the gravity of the offence and precedent of co‑accused bail denial?
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 309(6), 310(2)
Subjects
- regular bail
- Bharatiya Nyaya Sanhita
- Section 309
- Section 310
- theft
- mobile snatching
- criminal procedure
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83171 of 2025
Arising Out of PS. Case No.-366 Year-2025 Thana- ALAMGANJ District- Patna
======================================================
Deepak Kumar @ Dipak Saw S/O Late Harikishun Saw Resident of Mohalla-
Tulsimandi, Gulzarbagh, P.S- Alamganj, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arvind Kumar Pradhan, Advocate
For the State : Mr.Murli Dhar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 05-05-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Alamganj P.S. Case No. 366 of 2025 registered for the offence
under Sections 309(6) of the Bharatiya Nyaya Sanhita, 2023 and
later on Section 310(2) of the BNS has been added.
3. As per the prosecution case, the petitioner is
accused of snatching mobile phone of the informant.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 09.04.2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the gravity of the offence; the
Patna High Court CR. MISC. No.83171 of 2025(6) dt.05-05-2026
2/2
materials collected during investigation and also the fact that
bail application of similarly situated co-accused namely, Rohit
Kumar @ Black has been dismissed by this Court, this Court is
not inclined to grant regular bail to the petitioner.
7. Accordingly, this application for regular bail stands
rejected.
8. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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