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Patna High Court

Rohit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner subject to the stipulated conditions.

Summary

The petitioner, Rohit Kumar, sought anticipatory bail fearing arrest in a case registered under Sections 457 and 380 of the Indian Penal Code for alleged theft. He has four prior cases, and his name was implicated through the confessional statement of an associate, Sanjay, who is frequently arrested for similar thefts. The petitioner argued that granting anticipatory bail would ensure his cooperation with the investigation and prevent absconding. The State opposed the bail on the ground of the petitioner’s antecedents and the nature of the allegations. The Court, after considering the circumstances, granted anticipatory bail subject to a Rs.10,000 bail bond, two sureties, and compliance with Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, with a condition that bail may be cancelled if he fails to cooperate.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite his antecedent cases and reliance on a confessional statement of another accused.
  • Whether the provisions of Section 438(2) CrPC and Section 482(2) Bharatiya Nagarik Suraksha Sanhita, 2023 are applicable to the present case.

Legislation cited

Subjects

  • anticipatory bail
  • IPC
  • theft
  • criminal procedure
  • bail conditions
  • confessional statement

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17747 of 2026
                        Arising Out of PS. Case No.-281 Year-2023 Thana- DESARI District- Vaishali
                 ======================================================
                 Rohit Kumar Son of Ranjit Ray @ Ranjeet Roy Resident of Village- Nanhk
                 Chak, Dilawar Gobardhan, P.O.- Dilawarpur, Govardhan, P.S.- Bidupur,
                 District- Vaishali, State- Bihar

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Hemant Ray
                 For the Opposite Party/s :        Mr.Ram Anurag Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   04-05-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State .

                                2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under Sections 457, 380 of the Indian

                   Penal Code.

                                3. Learned counsel for the petitioner submits that the

                   petitioner has antecedent of four cases and the informant alleges

                   that in the absence of the family, unknown accused committed

                   theft in the house and stole article as detailed in the F.I.R.

                                4. Learned counsel for the petitioner submits that the

                   F.I.R. is against unknown and the name of the petitioner

                   transpired in the confessional statement of Sanjay, it is further

                   submitted that no doubt the petitioner has antecedent of four
Patna High Court CR. MISC. No.17747 of 2026(2) dt.04-05-2026
                                            2/3




          cases but then in all the cases, his name transpired on the basis

          of confessional statement of Sanjay, as pleaded at para 12 of the

          anticipatory bail application, with whom petitioner is have a

          good term, it is next submitted that whenever any theft is

          committed in any house, Sanjay is arrested and based on his

          confession, the petitioner also get arrested, it is next submitted

          that if privilege of anticipatory bail is granted the petitioner will

          not abscond rather will cooperate in the investigation to prove

          his innocence.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case, I am inclined to grant privilege of anticipatory bail

          to the petitioner.

                       7. Let the petitioner, as named above, in the event of

          his arrest or surrender within four weeks from today, be

          enlarged on bail on furnishing bail bond of Rs.10,000/-(Rupees

          Ten Thousand) with two sureties of the like amount each to the

          satisfaction of the learned Sub Judge-VI,-cum-A.C.J.M.-XV,

          Vaishali at Hajipur, in connection with Deshri P.S. Case No. 281

          of 2023,       subject to the conditions laid down under section

          438(2) of the Code of Criminal Procedure/Section 482(2) of the
            Patna High Court CR. MISC. No.17747 of 2026(2) dt.04-05-2026
                                                        3/3




                      Bharatiya Nagarik Suraksha Sanhita, 2023.

                                   8. However, it is made clear that if the investigating

                      officer of the case files an application before the learned trial

                      Court bringing to its notice that petitioner despite giving

                      assurance to this Court is not cooperating in the investigation, in

                      that invent, the learned trial Court shall at liberty to cancel the

                      bail bond of the petitioner.



                                                                       (Satyavrat Verma, J)
sanjeev/-

U       T


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