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Patna High Court

Rohan KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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