Patna High Court
Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to monetary sureties and specific conditions.
Summary
The petitioner, Rohit Kumar, was arrested on 13 November 2025 in connection with a FIR dated 12 March 2025 alleging offences under Sections 109(1), 61(2) and 3(5) of the Bihar Narcotic Substances Act, 2023 and Section 27 of the Arms Act. The prosecution alleged that the accused fired indiscriminately at an informant, causing a grievous injury, and opposed bail on the ground that the petitioner was named in the FIR and had two prior criminal antecedents. The petitioner’s counsel argued that the FIR and the victim’s statement did not specifically identify the petitioner as having fired at the victim, contending that the charge sheet was based on a false implication. The court examined the sufficiency of the allegation in the FIR, the relevance of prior convictions, and the principles governing bail in non‑bailable offences. Finding that the prosecution had not demonstrated a specific charge against the petitioner and considering the length of pre‑trial detention, the court granted bail subject to a cash bond, sureties and conditions relating to trial cooperation, non‑tampering of evidence and verification of antecedents. The order also empowered the trial court to cancel bail if the petitioner violated any condition.
Issues considered
- Whether the petitioner is entitled to bail despite being named in the FIR and having prior criminal antecedents.
- Whether the FIR and victim’s statement sufficiently allege the petitioner’s participation in the alleged offence.
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act, 2023 — s. 109(1), 3(5), 61(2)
Subjects
- bail
- FIR
- criminal antecedent
- Arms Act
- Bihar Narcotic Substances Act
- evidence tampering
- pre‑trial detention
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12752 of 2026
Arising Out of PS. Case No.-28 Year-2025 Thana- BHADAUR District- Patna
======================================================
Rohit Kumar S/o- Dharmveer Singh R/Vill- Bakawan PS- Bhadaur Dist-
Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Richa, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 01-05-2026 Heard Ms. Richa, learned counsel for the petitioner
and Mr. Shailendra Kumar Singh, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
13.11.2025 in connection with Bhadaur P.S. Case No. 28 of
2025, F.I.R. dated 12.03.2025 for the offences punishable under
Sections 109(1), 61(2) and 3(5) of the BNS, 2023 and Section
27 of the Arms Act.
3. According to prosecution case, all the accused
persons including this petitioner have fired indiscriminately
upon the informant and his nephew due to which the informant
sustained gunshot injury.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
Patna High Court CR. MISC. No.12752 of 2026(4) dt.01-05-2026
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present case. She further submits that although the petitioner is
named in the FIR but from perusal of the FIR it appears that
there is no specific allegation against the petitioner that he has
fired upon the victim/informant. She further submits that the
statement of victim/informant has been recorded in paragraph
no. 112 of the case diary in which he has stated that the
petitioner and other accused persons have fired upon him but he
has not specifically stated the name of the petitioner that he has
fired upon him. She further submits although the injury report of
the injured person suggest that the injury is grievous in nature
but the informant himself has not stated anything about the
petitioner. She further submits that the police after investigation
submitted the charge sheet against the petitioner. The petitioner
is in custody since 13.11.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that the petitioner is named in the FIR and apart from
that the petitioner carries two criminal antecedents other than
the present one.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
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the like amount each to the satisfaction of the learned Judicial
Magistrate 1st Class, Barh in connection with Bhadur P.S. Case
No. 28 of 2025, subject to the following conditions:-
i. 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.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. 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 antecedent, 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)
Vanisha/-
U T
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