Patna High Court
Rohit Kumar Mishra @ Rohit Kumar @ Rohit MishraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Rohit Kumar Mishra, applied for bail in a criminal case registered under Section 395 of the Indian Penal Code (dacoity). The petitioner's counsel argued that he was not named in the FIR and was implicated only through a co-accused's confessional statement, with no material evidence, recovered articles, or identification parade linking him to the offence. The State opposed the bail, citing the seriousness of the charge. The court noted the slow progress of the trial, the length of custody since 20-10-2024, and the lack of substantive evidence against the petitioner. Consequently, the court allowed the bail application, directing release on a bail bond of Rs. 10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner in a case under Section 395 IPC given the evidentiary material and custodial period.
Legislation cited
- Indian Penal Code — s. 395
Subjects
- bail
- Section 395 IPC
- dacoity
- confessional statement
- identification parade
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.165 of 2026
Arising Out of PS. Case No.-5 Year-2022 Thana- CHACKMEHSI District- Samastipur
======================================================
Rohit Kumar Mishra @ Rohit Kumar @ Rohit Mishra S/o Amnendra Mishra
@ Amrendra Mishra R/o Village- Malinagar, P.S- Chak Meshri, Distt.-
Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Krishna Prasad Singh, Sr. Advocate
Mr. Bindeswari Singh, Advocate
For the State : Mr. Bishweshwar Ram, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 13-02-2026 Heard learned senior counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Section 395 of the Indian Penal Code.
3. Earlier, the prayer for grant of bail to the petitioner
was rejected by this Court vide order dated 16.05.2025 passed in
Cr. Misc. No. 5464 of 2025.
4. It is submitted by learned senior counsel for the
petitioner that petitioner is quite innocent and has committed no
offence. Petitioner is not named in the F.I.R.. Name of petitioner
transpired in this case during course of investigation, merely on
the basis of confessional statement of co-accused person. Save
Patna High Court CR. MISC. No.165 of 2026(2) dt.13-02-2026
2/2
and except confessional statement, there is no material on record
to show the complicity of this petitioner in the alleged offence.
No looted articles were recovered from possession of this
petitioner. It is further submitted that till date, petitioner has not
been put on test identification parade. Moreover, charge-sheet
has already been submitted and petitioner is in custody since
20.10.2024.
5. On the other hand, learned A.P.P. for the State has
vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the facts and circumstances of the
case, slow and tardy progress of trial and period of custody, the
prayer for grant bail of to the petitioner is allowed.
7. Accordingly, let the above named petitioner be
released on bail on furnishing bail-bond of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned 1st Class Judicial Magistrate, Samastipur
in connection with Chakmeshi P.S. Case No. 05 of 2022.
(Prabhat Kumar Singh, J)
shashank/-
U T
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