Patna High Court
Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- BNS, 2023 — s. 309(4)
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
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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
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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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