Patna High Court
Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court held that bail could not be granted to the petitioner given the gravity of the offence and the evidentiary material linking him to the crime.
Summary
The petitioner, Rohit Kumar, was implicated in a murder and robbery case (Punpun P.S. Case No. 197/2024) involving the killing of a taxi driver and the theft of Rs. 4,75,000 from the deceased's bank account. Evidence presented included CCTV footage, recovered mobile phones, knives, and a self‑inculpatory statement by a co‑accused naming the petitioner as part of the gang. The petitioner sought regular bail, claiming false implication, a clean antecedent, and willingness to cooperate, while having been in custody since 28‑09‑2024. The State opposed bail, emphasizing the brutal nature of the crime and the petitioner’s alleged active participation. The Court, considering the seriousness of the offence and the material evidence, declined to grant bail and dismissed the application, directing the lower court to expedite the trial.
Issues considered
- Whether the petitioner is entitled to regular bail in a case involving murder, robbery, and theft under Sections 103(1) and 3(5) of the B.N.S.
- Whether the material evidence and the nature of the offence justify denial of bail.
Legislation cited
- B.N.S. — s. 103(1), 3(5)
Subjects
- bail
- murder
- robbery
- regular bail
- criminal procedure
- trial expeditious
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1535 of 2026
Arising Out of PS. Case No.-197 Year-2024 Thana- PUNPUN District- Patna
======================================================
Rohit Kumar Son of Pulendra Saw @ Fulendra Saw Resident of Village-
Mahamdali Chak, P.S.- Naubatpur, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar, Advocate
For the Opposite Party/s : Mr.Jharkhandi Upadhayaya, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 16-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Punpun
P.S. Case No. 197/2024 registered for the offences punishable
under Sections 103(1), 3(5) of B.N.S.
3. As per the prosecution case, unknown criminals
had hired the taxi of the deceased and killed him on the way to
Gaya.
4. The name of the petitioner has come during
investigation and the looted vehicle was recovered along with
one mobile phone found inside it. The faces of the criminals
who committed the loot and who were moving around the
vehicle were captured on CCTV. After the death of the
deceased, Rs. 4,75,000/- was withdrawn by the criminals from
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the bank account of the deceased and thereafter the bank
account was freezed. Two criminals who were identified as
having withdrawn the money from the bank account of the
petitioner are Amod Kumar and Annad Kumar, who are
brothers. During investigation, one Sanjay Kumar of Naubatpur
was interrogated, who stated that he had carried out the
transaction on the instructions of Rajeev Ranjan Kumar @
Badal. Thereafter, one Sunny Kumar of Naubatpur was arrested,
from whom six mobile phones and two knives were recovered.
In his self-inculpatory statement, Sunny Kumar named the
petitioner, Anand Kumar and Belson as members of the gang
who had committed the crime. It has come during investigation
that the accused persons, including the petitioner had booked a
Swift Ola cab for committing loot in Jehanabad and on the way
to Jehanabad at a petrol pump, when the deceased-driver was
making the payment for petrol through UPI etc. they planned his
murder and killed him. Sunny Kumar slit the neck of the
deceased and the petitioner gave a knife blow in the stomach of
the deceased.
5. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the case. Learned
counsel further submits that he has clean antecedent and he is in
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custody since 28.09.2024. The petitioner undertakes to co-
operate in the case/ trial.
6. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
7. Considering the brutal murder of the deceased by
the petitioner and others, this Court is not inclined to grant bail
to the petitioner.
8. Accordingly, this application stands dismissed with
direction to the court below to expedite the trial.
(Sandeep Kumar, J)
tusharika/-
U T
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