Patna High Court
Rohit Kumar @ BanbariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court granted regular bail to the petitioner on the condition of a Rs.10,000 bond with two sureties.
Summary
Rohit Kumar was arrested in connection with a robbery‑attempt on 7 October 2025, during which cash was allegedly seized and a pistol was brandished, leading to charges under Section 309(5) of the Bihar Narcotic Substances Act and Section 27 of the Arms Act. The petitioner contended that no identification parade had been conducted, his name was derived solely from a co‑accused’s statement, and no incriminating material was recovered from him. He also highlighted that he was already on bail in three other cases and had been in custody since 20 October 2025. The State opposed bail, but the court examined the lack of direct evidence, the prolonged detention, and the petitioner’s bail history. Concluding that the circumstances did not justify continued custody, the court ordered his release on regular bail with a bond of Rs.10,000 and two sureties. The application for bail was therefore allowed.
Issues considered
- Whether the petitioner is entitled to regular bail despite the charges under the Bihar Narcotic Substances Act and the Arms Act
- Whether the absence of an identification parade and lack of recovered incriminating material affect the bail decision
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act — s. 309(5)
Subjects
- regular bail
- identification parade
- co‑accused testimony
- Arms Act
- Bihar Narcotic Substances Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20115 of 2026
Arising Out of PS. Case No.-500 Year-2025 Thana- BYPASS District- Patna
======================================================
Rohit Kumar @ Banbari Son of Krishna Sahni Resident of Gadhochak, P.S. -
Nadi, Dist. - Patna. At present - Banstar, P.S- Nadi, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar Singh, Advocate
For the Opposite Party/s : Mr. Ram Bilash Roy Raman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
4 17-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Bypass P.S. Case No.
500 of 2025 dated 07.10.2025 registered for the offences
punishable under Section 309(5) of B.N.S. & Section 27 of
Arms Act.
3. As per the allegation, the informant was taking cash
for depositing in the bank. It has been alleged that on
07.10.2025 at about 09:30 AM, the informant along with his
driver proceeded with a cash amount of Rs. 6,77,634/- for
depositing in the bank. It is alleged that three persons waylaid
the informant by a motorcycle, out of which one person pointed
out a pistol on the driver, the driver thereafter acted swiftly and
Patna High Court CR. MISC. No.20115 of 2026(4) dt.17-06-2026
2/3
managed to make good their escape. It has been alleged that a
person fired at from the backside, while they were retreating
from the place of occurrence.
4. Learned counsel for the petitioner has submitted
that no test identification parade of the petitioner has been held.
It has further been submitted that the name of the petitioner
transpired on the basis of co-accused Kundan Kumar before
police, while in police custody, which has got no evidentiary
value in eye of law. It has further been submitted that there is no
recovery of any incriminating article from the conscious
possession of the petitioner. It has been further submitted that
although petitioner has been made accused in three other cases,
but he is on bail in those cases. It has lastly been submitted that
the petitioner is in custody since 20.10.2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner.
6. Heard the parties and perused the records.
7. Considering the facts and circumstances of the case
as well as the period of custody, the petitioner above-named is
directed to 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 learned A.C.J.M-VI, Patna
Patna High Court CR. MISC. No.20115 of 2026(4) dt.17-06-2026
3/3
City in connection with Bypass P.S. Case No.500 of 2025.
8. The application stands allowed.
(Praveen Kumar, J)
shivam/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.