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Patna High Court

Rohit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a bond of Rs 10,000 and specified conditions.

Summary

Rohit Kumar was arrested on 18 October 2025 in connection with a robbery case (PS Case No. 238 of 2025) alleged under Section 309(4) of the BNS, 2023. The prosecution alleges that unknown miscreants looted cash and mobile phones, and the petitioner was implicated based on a co‑accused's confessional statement, though his name does not appear in the FIR. The petitioner contended that he is innocent, that only Rs 3,500 was recovered from him, and that the police have not conducted a turnover of property (TIP) or presented the looted articles as evidence. The State opposed bail, citing two prior criminal antecedents. The High Court, after considering the lack of substantive evidence and the petitioner’s cooperation, granted bail on a bond of Rs 10,000 with two sureties and imposed conditions regarding trial attendance, non‑tampering with evidence, and verification of antecedents.

Issues considered

  • Whether bail should be granted to the petitioner despite the alleged robbery charge under Section 309(4) of the BNS, 2023 and his prior criminal antecedents.
  • Whether the absence of a turnover of property (TIP) and reliance on a co‑accused’s confession affect the bail decision.

Legislation cited

Subjects

  • bail
  • robbery
  • Section 309(4)
  • BNS 2023
  • criminal antecedent
  • turnover of property
  • high court
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18364 of 2026
                        Arising Out of PS. Case No.-238 Year-2025 Thana- AMNAUR District- Saran
                 ======================================================
                 Rohit Kumar S/o Late Ramekbal Rai R/o village- Chapra Abhiman, P.S.-
                 Amnour, District- Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :      Mr. Shivendra Kumar Sinha, Advocate
                                                  Mr. Ankit Kumar Singh, Advocate
                                                  Mr. Divit Vinod, Advocate
                                                  Mr. Ranjeet Patel, Advocate
                                                  Mr. Avnish Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Gauri Shankar Gupta, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   24-03-2026                       Heard Mr. Shivendra Kumar Singh, learned counsel

                   for the petitioner and Mr. Gauri Shakar Gupta, learned

                   Additional Public Prosecutor for the State.

                                2. Petitioner seeks bail who is in custody since

                   18.10.2025 in connection with Amnour P.S. Case No. 238 of

                   2025, F.I.R. dated 03.08.2025 for the offences punishable under

                   Sections 309(4) of the BNS, 2023.

                                3.      According to prosecution case, some unknown

                   miscreants entered into the CSP and on the point of pistol looted

                   cash of about Rs. 90,000/- and two mobile phones from the

                   informant.

                                4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.18364 of 2026(2) dt.24-03-2026
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          petitioner is innocent and he has falsely been implicated in the

          present case. Petitioner is not named in the FIR and his name

          has been transpired during investigation on the basis of the

          confessional statement of the co-accused, namely, Prince

          Kumar. He further submits that although Rs. 3,500/- has been

          recovered from the possession of the petitioner but till date

          neither TIP has been conducted by the prosecution nor the

          looted articles were put on TIP. He further submits that the

          police after investigation submitted the charge sheet against the

          petitioner. The petitioner is in custody since 18.10.2025.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner on the

          ground that petitioner carries two criminal antecedents other

          than the present one.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, 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 the learned Judicial

          Magistrate 1st        Class, Saran at Chapra in connection with

          Amnour P.S. Case No. 238 of 2025, subject to the following

          conditions:-

                       i. Petitioner shall co-operate in the trial and shall be
            Patna High Court CR. MISC. No.18364 of 2026(2) dt.24-03-2026
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                      properly represented on each and every date fixed by the court

                      and shall remain physically present as directed by the court and

                      on his absence on two consecutive dates without sufficient

                      reason, his bail bond shall be cancelled by the Court below.

                                   ii. If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to

                      move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


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