Patna High Court
Rohit Kumar @ Rohil KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- R P MISHRA
Holding
The appeal is allowed, the order of the Exclusive Special Judge is set aside and bail is granted to the appellant.
Summary
The Patna High Court considered an appeal by Rohit Kumar against the denial of bail by the Exclusive Special Judge in a case filed under several provisions of the Bharatiya Nyaya Sanhita, the Arms Act and the SC/ST Act. The appellant contended that he was falsely implicated, that the sole incriminating material was a co‑accused’s confessional statement, and that no caste name was used publicly, so no offence under the SC/ST Act was made out. The State opposed bail, stressing the seriousness of the offences and the appellant’s eight prior criminal antecedents. The Court observed that only two witnesses had been examined and that the appellant had been in custody since October 2024, indicating a lack of expeditious trial progress. Consequently, the Court set aside the lower court’s order and granted bail on condition of a Rs.15,000 bond with two sureties.
Issues considered
- Whether bail should be granted to the appellant despite the gravity of the offences and the evidence relying on a co‑accused’s confessional statement.
- Whether the alleged conduct constitutes an offence under the SC/ST Act, given the claim that no caste name was used publicly.
- Whether the period of custody and the slow progress of the trial justify the grant of bail.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 111(3), 190, 191(2), 193(3), 303(2), 326(g), 351(2), 351(3), 352, 61(2)(a)
- SC/ST (Prevention of Atrocities) Act — s. 3(1)(f), 3(1)(g), 3(1)(r), 3(1)(s), 3(1)(w), 3(2)(v), 3(2)(va)
Subjects
- bail
- SC/ST Act
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- trial delay
- confessional statement
- caste-based offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.2009 of 2025
Arising Out of PS. Case No.-372 Year-2024 Thana- NAWADA MUFFASIL District- Nawada
======================================================
Rohit Kumar @ Rohil Kumar S/O Rajendra Chauhan @ Rajendra Prasad
Resident of Village- Govindpur Beldari, P.S.- Noorsarai, District- Nalanda
... ... Appellant/s
Versus
1. The State of Bihar
2. Vyas Muni S/O Sanjay Manjhi R/O Village-Dedaur Tola Krishna Nagar
Nadipar Panchayat Bhadokhra,PS-Muffasil, Distt-Nawada
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Kunwar Ajit Singh, Advocate
For the Respondent/s : Mr. Sadanand Paswan, SPP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
5 15-01-2026 Heard learned counsel for the Appellant and learned
Special Public Prosecutor for the State and perused the case
diary.
2. The instant appeal has been filed by the Appellant
against the order dated 26.11.2024 passed by Exclusive Special
Judge, Spl. Court SC/ST Act, Nawada whereby the prayer for
bail of the Appellant in connection Nawada Muffasil P.S. Case
No. 372 of 2024, under Sections 191(2), 193(3), 190, 109(1),
352, 351(2), 351(3), 326(g), 303(2), 111(3) and 61(2)(a) of the
Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act
and Section 3(1) (f)(g)(r)(s)(w), 3(2)(va), 3(2)(v) of the SC/ST
Act, was rejected.
Patna High Court CR. APP (SJ) No.2009 of 2025(5) dt.15-01-2026
2/3
3. Earlier vide order dated 30.01.2025 passed in Criminal
Appeal (SJ) No. 5609 of 2024, regular bail of the Appellant was
rejected by this Court considering the nature of gravity of the
offence, with direction to the learned court below to expedite the
trial and conclude the same expeditiously.
4. In compliance of the order dated 11.08.2025, a report
dated 27.08.2025 with regard to the present stage of trial has
been received. From perusal of the aforesaid report, it appears
that only two witnesses have been examined.
5. Learned counsel for the Appellant submits that the
Appellant is innocent and has falsely been implicated in the
present case. Charge-sheet has been submitted in this case. The
name of the Appellant has transpired on the basis of
confessional statement of co-accused. Learned counsel for the
Appellant further submits that the Appellant has not taken the
caste name of the informant in public view. Hence, no offence
under the provisions of SC/ST Act is made out against them.
The Appellant has no intention to disgrace the image of the
informant in public view. Learned counsel for the Appellant
further submits that other co-accused has been granted privilege
of bail by this Court on 16.09.2025 passed in Criminal Appeal
(SJ) No. 1219 of 2025. The Appellant is in custody since
Patna High Court CR. APP (SJ) No.2009 of 2025(5) dt.15-01-2026
3/3
08.10.2024 and has eight criminal antecedents.
6. Learned Special P.P. for the State have vehemently
opposed the prayer for grant of bail to the Appellant.
7. Considering the aforesaid facts and circumstances of
the case and the period of custody undergone by the Appellant,
this Court is inclined to allow this appeal.
8. Accordingly, the appeal is allowed and order dated
26.11.2024 passed by Exclusive Special Judge, Spl. Court
SC/ST Act, Nawada, in connection with Nawada Muffasil P.S.
Case No. 372 of 2024, is hereby set aside.
8. Let the Appellant be released on bail on furnishing bail
bonds of Rs. 15,000/- (Rupees Fifteen thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Nawada Muffasil
P.S. Case No. 372 of 2024.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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