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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 specified 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 where his name was implicated solely on the basis of a confessional statement by an inimical accused, Sanjay. Counsel argued that despite these antecedents, the petitioner would cooperate with the investigation if bail were granted. The State opposed the bail application. The Court, considering the circumstances, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and compliance with Sections 438(2) of the CrPC and 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, with a provision for cancellation if the petitioner fails to cooperate.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC and Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
  • Whether the petitioner’s prior cases, based solely on a confessional statement of another accused, preclude the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Indian Penal Code
  • theft
  • extortion
  • bail conditions
  • confessional statement
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18168 of 2026
                        Arising Out of PS. Case No.-271 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 on 30.07.2023, unknown accused committed theft in his

                   house while he was in Delhi in connection with his wife’s

                   treatment and stones article as recorded 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 on the basis of confessional statement of Sanjay, it is
Patna High Court CR. MISC. No.18168 of 2026(2) dt.04-05-2026
                                            2/3




          further submitted that no doubt the petitioner has antecedent of

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

          the basis of confessional statement of Sanjay, with whom the

          petitioner has inimical term, it is also submitted that specific

          pleadings have been made at para 12 of the anticipatory bail

          application that the name of the petitioner in earlier four cases

          also came based on the confessional statement of the accused

          Sanjay, it is also 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-XVI,-cum-A.C.J.M.-XV,

          Vaishali at Hajipur, in connection with Deshri P.S. Case No. 271

          of 2023,       subject to the conditions laid down under section
            Patna High Court CR. MISC. No.18168 of 2026(2) dt.04-05-2026
                                                        3/3




                      438(2) of the Code of Criminal Procedure/Section 482(2) of the

                      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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