Created by Fuzzy Cloud

Patna High Court

Roshan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                           3/3




                                      (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//-

U          T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.