Patna High Court
Rohit Kumar @ DullaversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was denied as the court found the accusation specific, the offence grave, and the petitioner had a criminal antecedent.
Summary
The petitioner, Rohit Kumar, applied for bail in a case under Sections 103(1) and 3(5) of the B.N.S., alleging that he and a co‑accused punched the informant’s son, causing his death. The prosecution argued that the petitioner was specifically named in the FIR, the accusation was direct, the offence was grave, and the petitioner had a prior criminal antecedent. The petitioner contended he was innocent, there were no eye‑witnesses, and he had been in custody since 2 August 2025. The court examined the seriousness of the charge, the specificity of the accusation, and the petitioner’s antecedent, and concluded that bail could not be granted. However, the court directed the trial court to expedite the trial and complete it within one year of the order.
Issues considered
- Whether bail should be granted to the petitioner in a case punishable under Sections 103(1) and 3(5) of the B.N.S. given the gravity of the offence and the petitioner’s criminal antecedent
- Whether the absence of an eye‑witness and the petitioner’s claim of innocence affect the bail decision
Legislation cited
- B.N.S. — s. 103(1), 3(5)
Subjects
- bail
- criminal procedure
- Sections 103(1) B.N.S.
- Section 3(5) B.N.S.
- homicide
- assault
- criminal antecedent
- trial expediting
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17262 of 2026
Arising Out of PS. Case No.-98 Year-2025 Thana- BHELDI District- Saran
======================================================
Rohit Kumar @ Dulla Son of Tigan Manjhi @ Saroj Manjhi Resident of
Village - Raipura, P.S.- Bheldi, District - Saran, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Ms. Shweta Anand, Advocate
For the State : Mr. Sanjay Kumar Pandey, APP
For the Informant : Mr. Chandra Mohan Jha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 24-04-2026 Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel for the informant.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 103(1) and 3(5) of the
B.N.S..
3. As per prosecution case, it is alleged that this
petitioner, along with co-accused Rahul Kumar, punched in the
stomach of the informant’s son as a result of which, he died
during course of treatment.
4. It is submitted by learned counsel for the petitioner
that petitioner is quite innocent and has committed no offence.
There is no direct eye witness to the alleged occurrence.
Petitioner has falsely been implicated in this case with ulterior
motive. Charge-sheet has already been submitted and petitioner
is in custody since 02.08.2025.
Patna High Court CR. MISC. No.17262 of 2026(2) dt.24-04-2026
2/2
5. On the other hand, learned A.P.P. for the State and
learned counsel for the informant have vehemently opposed the
prayer for grant of bail to the petitioner and submitted that
petitioner is named in the F.I.R. and there is specific accusation
that he, along with co-accused Rahul Kumar, punched in the
stomach of son of informant due to which he died during course
of treatment. Petitioner has got one criminal antecedent.
6. Considering the facts and circumstances of the
case, specific and direct nature of accusation, gravity of offence
and criminal antecedent of the petitioner, the prayer for grant
bail of to the petitioner is rejected.
7. However, considering the fact that petitioner is in
custody since 02.08.2025, the learned trial court is directed to
expedite the trial and conclude the same, preferably within a
period of one year from the date of receipt/production of a copy
of this order.
(Prabhat Kumar Singh, J)
shashank/-
U T
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