Patna High Court
Fulcharan DasversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The application for regular bail was dismissed.
Summary
The petitioner, Fulcharan Das, applied for regular bail in a case registered under Section 309(6) of the B.N.S.S. for alleged involvement in a loot at an informant's house. The prosecution alleged that unknown criminals committed the loot and that the petitioner’s name appeared in the confessional statements of co‑accused persons. The petitioner had been in custody since 17 October 2025 and also had a prior criminal antecedent under the Excise Act, for which he was out on bail. The court considered the material against the petitioner, including the confessional statements and his prior record. Concluding that the circumstances did not warrant bail, the court dismissed the bail application.
Issues considered
- Whether regular bail should be granted to the petitioner under Section 309(6) of the B.N.S.S. in view of the alleged involvement in loot and prior criminal antecedent.
Legislation cited
- B.N.S.S. — s. 309(6)
- Excise Act
Subjects
- regular bail
- Section 309(6)
- B.N.S.S.
- Excise Act
- confessional statement
- loot
- criminal antecedent
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9343 of 2026
Arising Out of PS. Case No.-138 Year-2025 Thana- Ghogha District- Bhagalpur
======================================================
Fulcharan Das Son of Late Mohan Das Resident of village - Mirzapur, Police
Station - Sabour, District - Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Prakash Dwivedi, Advocate
For the Opposite Party/s : Mr. Aditya Narayan Singh 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 30-03-2026 Heard the parties.
2. The petitioner seeks regular bail in connection with
Ghogha P.S. Case No. 138 of 2025 registered for the offence
under Section 309(6) of the B.N.S.S.
3. As per the prosecution case, unknown criminals are
said to have committed loot in the house of the informant.
4. The petitioner is in custody since 17.10.2025.
5. The name of the petitioner has come in the
confessional statement of the co-accused persons.
6. The petitioner has one criminal antecedent under
Excise Act in which he is on bail.
7. Considering the involvement of the petitioner in
committing loot and materials available against the petitioner on
record, this Court is not inclined to grant bail to the petitioner.
Patna High Court CR. MISC. No.9343 of 2026(3) dt.30-03-2026
2/2
8. Accordingly, this application is dismissed.
(Sandeep Kumar, J)
khushbu/-
U T
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