Patna High Court
Rohit Kumar @ RohitversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioner, subject to specified conditions.
Summary
Rohit Kumar, a 23‑year‑old resident of Bhithsari, applied for anticipatory bail after a police case (PS Case No. 316 of 2025) was registered against him for a multitude of offences under the Bihar Negotiable Instruments Act and Section 27 of the Arms Act. He claimed he was falsely implicated in a mob incident allegedly organized by a person named Ramprit to free accused liquor‑trade offenders, and that he was merely present out of curiosity. The petitioner’s counsel highlighted his young age, lack of prior serious criminal record except an excise case, and the potential jeopardy to his future if he were to be taken into judicial custody. The State opposed the bail, arguing the seriousness of the charges. The Court, considering the petitioner’s circumstances and the possibility of false implication, directed that he be released on bail upon surrender, subject to a Rs.10,000 bond, two sureties, and the condition that one surety be his father, Raj Kumar Mukhiya, under Section 482(2) of the Bihar Negotiable Instruments Act. The anticipatory bail application was therefore allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the applicable provisions given the serious nature of the charges.
- Whether the petitioner’s claim of false implication and his personal circumstances justify the grant of bail.
Legislation cited
- Arms Act — s. 27
- Bihar Negotiable Instruments Act — s. 109(1), 115(2), 117(2), 118(2), 121(1), 121(2), 125(a), 125(b), 126(2), 132, 190, 191(2), 191(3), 192, 221, 263, 324(4), 482(2), 61(2)
Subjects
- anticipatory bail
- false implication
- mob violence
- Arms Act
- criminal procedure
- bail conditions
- youth offender
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18968 of 2026
Arising Out of PS. Case No.-316 Year-2025 Thana- BHAGWANPUR District- Begusarai
======================================================
Rohit Kumar @ Rohit S/o Raj Kumar Mukhiya R/o vill - Bhithsari, ward no.
12, P.s.- Bhagwanpur, Distt.- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar
For the Opposite Party/s : Mr.Nawal Kishore Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 02-04-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Sections 191(2), 191(3), 190, 126(2), 115(2), 117(2), 118(2),
109(1), 132, 121(1), 121(2), 125(a), 125(b), 221, 192, 61(2),
263, 324(4) of the B.N.S. and Section 27 of the Arms Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of one case under the Excise Act
and is a young boy aged about 23 years and in sum and
substance the allegation is that under the leadership of Ramprit,
a mob gathered for freeing the apprehended accused involved in
liquor trade and the accused were identified based on video
footage.
Patna High Court CR. MISC. No.18968 of 2026(2) dt.02-04-2026
2/3
4. The learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case with
general and omnibus allegation. It is also submitted that
petitioner resides nearby the place of occurrence, as such, when
ruckus was being created, he out of inquisitiveness came to the
place of occurrence and thereafter came to be implicated. It is
also submitted that petitioner is a young boy and in the nature of
allegation if he sent to judicial custody, his entire career would
get jeopardized and chances are bright that he may come in
contact with hardened criminals.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on bail
on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned Trial Court where the case is
pending/successor Court in connection with Bhagwanpur P. S.
Case No.316 of 2025, subject to the conditions laid down under
Section 482(2) of the B.N.S.S. with a further condition that one
Patna High Court CR. MISC. No.18968 of 2026(2) dt.02-04-2026
3/3
of the bailors of the petitioner shall be his father namely, Raj
Kumar Mukhiya.
7. The application stands allowed.
(Satyavrat Verma, J)
vikash/-
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