Patna High Court
Rohit Baba @ Rohit Pandey @ Rohit Kumar @ Rohit Kumar PandeyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner under the circumstances.
Summary
The petitioner, Rohit Pandey, was arrested in connection with a robbery at a gas godown where three unknown assailants allegedly threatened the informant and stole Rs. 75,000. He claims false implication, noting that no incriminating material or weapon was recovered from him and that a T.I.P. has not been conducted. The petitioner, who has five prior convictions, sought bail under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023, while the State opposed the relief. The court considered the lack of direct evidence against the petitioner, the duration of his custody since July 2025, and the fact that a co‑accused had already been granted bail. Weighing these factors, the court decided to grant bail subject to a bond of Rs.15,000 with two sureties and specific conditions regarding appearance and family surety. The order directs release after framing of charge if not already done.
Issues considered
- Whether the petitioner is entitled to bail under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023 despite having prior convictions
- Whether the absence of recovered incriminating material and lack of a T.I.P. justify granting bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 309(4)
Subjects
- bail
- criminal procedure
- Section 309(4)
- Bharatiya Nyaya Sanhita
- false implication
- robbery
- prior convictions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12682 of 2026
Arising Out of PS. Case No.-410 Year-2024 Thana- KESARIA District- East Champaran
======================================================
Rohit Baba @ Rohit Pandey @ Rohit Kumar @ Rohit Kumar Pandey S/O
Subhash Pandey R/O Village- Siswa, P.S.- Dumariyaghat, District- East
Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate
For the Opposite Party/s : Ms. Sharda Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with Kesariya
P.S. Case No. 410 of 2024 instituted for the offences under
Section 309(4) of the Bharatiya Nyaya Sanhita, 2023.
3. Prosecution case, in short, is that, three unknown
miscreants came on a motorcycle to the informant’s gas
godown, threatened the informant at gun point, abused him and
fled away with Rs. 75,000/- cash, leaving behind their
motorcycle.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Petitioner’s name has surfaced in this case on the disclosure
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made by co-accused. No incriminating article has been
recovered from the conscious possession of the petitioner.
Learned counsel further submitted that petitioner has got no
concern with the looted articles. Learned counsel further
submitted that T.I.P. has not been conducted till date. Learned
counsel further submitted that no any arms or pistol used in the
alleged occurrence has been recovered from this petitioner. It
has been submitted on behalf of the petitioner that the petitioner
is in custody since 15.07.2025 and has five (5) criminal
antecedents. Other co-accused has been granted bail by this
Court vide order dated 12.12.2025, passed in Cr. Misc. No.
86397 of 2025.
5. Learned A.P.P. for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of
the case as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail, after framing of
charge, if not already framed, on furnishing bail bonds of
Rs.15,000/- (Fifteen thousand) with two sureties of the like
amount each to the satisfaction of Court below/concerned Court
in connection with Kesariya P.S. Case No. 410 of 2024, subject
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to the following conditions:
(I) One of the bailors shall be own/close member of the
family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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