Patna High Court
Sohan KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Regular bail was denied as the allegations were serious and sufficient material indicated the petitioner’s involvement.
Summary
The petitioner, Sohan Kumar, applied for regular bail in a case registered under Sections 318(4), 316(2), 338 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, alleging misappropriation of Rs. 40 lakh from a firm and transfer to family accounts. He has been in custody since 19 May 2025. The prosecution presented material indicating his involvement in the alleged offences, describing the allegations as serious and grave. The court examined whether the seriousness of the allegations and the risk of tampering with evidence warranted denial of bail. Concluding that the allegations were serious and sufficient material existed, the court refused to grant regular bail. The application for regular bail was therefore rejected.
Issues considered
- Whether regular bail should be granted to the petitioner in view of the seriousness of the offences under the Bharatiya Nyaya Sanhita, 2023.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 316(2), 318(4), 338, 3(5)
Subjects
- regular bail
- economic offence
- misappropriation of funds
- Bharatiya Nyaya Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84602 of 2025
Arising Out of PS. Case No.-157 Year-2025 Thana- GANDHIMAIDAN District- Patna
======================================================
Sohan Kumar Son of Shivballam Kewat Resident Of Village- sanda Purvari
Matha PS- Dhanaur Dist -Patna
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chandni Kumari
For the Opposite Party/s : Mr. Ramesh Chandra
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 25-03-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Gandhi Maidan P.S. Case No. 157 of 2025 registered for the
offence under Sections 318(4), 316(2), 338 and 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioner is
accused of misappropriating the funds of the company and
illegally withdrawing an amount of Rs. 40 lakh from the
complainant’s firm, and transferring it to various accounts of his
family members.
4. The petitioner is in custody since 19.05.2025. The
allegations against him are serious and grave in nature. There is
sufficient material on record indicating his involvement in the
Patna High Court CR. MISC. No.84602 of 2025(5) dt.25-03-2026
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commission of the offence.
5. Considering the aforesaid, this Court is not inclined
to grant regular bail to the petitioner. Accordingly, this
application for regular bail stands rejected.
(Sandeep Kumar, J)
Shishir/-
U T
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