Patna High Court
Rohan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner, directing him to furnish a bail bond of Rs. 10,000 with two sureties.
Summary
The petitioner, Rohan Kumar, sought bail for alleged offences under Section 103(1) of the B.N.S., 2023 and Section 27 of the Arms Act, arising from a murder case where the victim was the brother of an informant. The FIR named unknown miscreants, and the petitioner’s name does not appear in it. However, co‑accused Md. Shoab and Aditya Beesu gave confessional statements implicating the petitioner, alleging he supplied a bike used in the crime. The petitioner argued he had no criminal antecedent and was falsely implicated. After hearing both sides, the Patna High Court found the evidence insufficient to justify continued detention and ordered the petitioner to be released on bail upon furnishing a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner despite the confessional statements of co‑accused linking him to the offence.
- Whether the allegations under Section 103(1) of the B.N.S., 2023 and Section 27 of the Arms Act warrant denial of bail in the absence of direct evidence.
Legislation cited
- Arms Act — s. 27
- B.N.S., 2023 — s. 103(1)
Subjects
- bail
- confessional statement
- co‑accused
- Arms Act
- Section 103
- criminal procedure
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12167 of 2026
Arising Out of PS. Case No.-278 Year-2025 Thana- SULTANGANJ District- Patna
======================================================
Rohan Kumar S/o- Somar Paswan @ Nagendra Paswan R/v- Kumhrar, Near
Kali Mandir Ps- Agamkuan Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar, Advocate.
For the Opposite Party/s : Mr. Rajendra Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail registered for the
offence punishable under Section 103(1) of the B.N.S., 2023
and Section 27 of the Arms Act.
3. The case of the prosecution, in short, is that the
brother of the informant was shot dead by unknown miscreants.
The FIR was lodged against unknown miscreants.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that the petitioner is not named in the FIR.
During the course of investigation, co-accused Md. Shoab and
Aditya Beesu have given their confessional statement in which
Patna High Court CR. MISC. No.12167 of 2026(2) dt.06-07-2026
2/2
they have named the present petitioner. Save and except the
confessional statement of co-accused persons, there is nothing
against him, and from perusal of the confessional statement of
co-accused persons, the only role that is attributed to the
petitioner is that he has provided a bike. He further submits that
a statement has been made in para 3 of the petition that
petitioner has no criminal antecedent and he is languishing in
judicial custody since 16.07.2025.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
Additional District & Sessions Judge-V, Patna City in
connection with Sessions Trial No. 2313 of 2025 arising out of
Sultanganj P.S. Case No. 278 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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