Patna High Court
Roshan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to a bond and specified conditions.
Summary
Roshan Kumar was arrested on 12 December 2025 in connection with a loot case (Chapra Muffasil P.S. Case No. 601 of 2025) and charged under Sections 331(4), 305, 317(4) and 313 of the Bihar Negotiable Instruments Act, 2023. The FIR does not name him; his alleged involvement was inferred from the confessional statement of a co‑accused, Ras Basfar, and the recovery of a camera and watch from his possession, which the petitioner claims do not match the stolen items. The petitioner contended that he is innocent, that the evidence is insufficient, and that he is already on bail in a similar pending case. The State opposed bail, arguing that the recovered items were found at his house and that he has another similar case pending. The Court, noting the lack of direct naming in the FIR and the reliance on a co‑accused’s confession, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, non‑tampering with evidence or witnesses, and verification of his criminal antecedents.
Issues considered
- Whether bail can be granted when the accused is not named in the FIR and the case against him is based primarily on a co‑accused’s confessional statement.
- Whether the recovery of items from the accused’s possession, which allegedly do not match the stolen articles, justifies denial of bail.
- Whether the existence of another pending case of similar nature affects the grant of bail.
Legislation cited
- Bihar Negotiable Instruments Act, 2023 — s. 305, 313, 317(4), 331(4)
Subjects
- bail
- confessional statement
- co‑accused
- FIR
- criminal antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32934 of 2026
Arising Out of PS. Case No.-601 Year-2025 Thana- CHAPRA MUFFASIL District- Saran
======================================================
Roshan Kumar S/o Paspati Prasad R/o Mohalla- Chhota Telpa, P.S.- Chapra
Town, District- Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kumar, Advocate
For the Opposite Party/s : Mr. Kumar Veerendra Narayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 15-05-2026 Heard Mr. Vijay Kumar, learned counsel for the
petitioner and Mr. Kumar Veerendra Narayan, learned APP for the
State.
2. Petitioner seeks bail, who is in custody since
12.12.2025, in connection with Chapra Muffasil P.S. Case No. 601
of 2025, F.I.R. dated 02.11.2025 registered for the offences
punishable under Sections 331(4), 305, 317(4), 313 of the B.N.S.,
2023.
3. The F.I.R. of the occurrence of loot is against
unknown.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. He further submits that the petitioner is not named in
the F.I.R. and the name of the petitioner has been transpired on the
Patna High Court CR. MISC. No.32934 of 2026(2) dt.15-05-2026
2/3
basis of confessional statement of co-accused person namely Ras
Basfar and during course of investigation one camera and one
watch was recovered from the possession of the petitioner.
Learned counsel for the petitioner further submits that the same is
not matched with the articles as mentioned in the F.I.R. and the
police after investigation submitted chargesheet against the
petitioner and the petitioner is in custody since 12.12.2025.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the petitioner
and submits that the recovery has been made from the house of the
petitioner and apart from that the petitioner carries one more case
of similar nature other than the present one but fairly submits on
the basis of paragraph-3 of the bail petition that the petitioner is on
bail in the pending matter.
6. Considering the facts and circumstances of the case
and the fact that the petitioner is not named in the F.I.R and the
name of the petitioner has been transpired on the basis of
confessional statement of co-accused person, let the petitioner,
above named, be released on bail on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Saran at Chapra in connection with Chapra Muffasil
P.S. Case No. 601 of 2025, subject to the following conditions :-
Patna High Court CR. MISC. No.32934 of 2026(2) dt.15-05-2026
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(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and on
his absence on two consecutive dates without sufficient reason, his
bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move for
cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at any
stage, it is found that the petitioner has concealed his criminal
antecedents, the court below shall take step for cancellation of bail
bond of the petitioner. However, the acceptance of bail bonds in
terms of the above-mentioned order shall not be delayed for
purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
Ibrar//-
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