Patna High Court
Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 380, 457
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
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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
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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/-
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