Patna High Court
Rohit Baba @ Rohit Pandey @ Rohit Kumar @ Rohit Kumar PandeyversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that the petitioner is entitled to bail subject to a Rs 10,000 bond with two sureties and specified conditions.
Summary
The petitioner, Rohit Pandey, was arrested on 25 June 2025 in connection with a robbery alleged under Section 309(6) of the Bharatiya Nyay Sanhita, 2023. The prosecution’s case relied solely on a co‑accused’s confessional statement, with no material recovered from the petitioner and no further investigative evidence. The petitioner argued innocence, noting that his name was added later and that he had no possession of the stolen cash. The State opposed bail, citing five prior criminal antecedents and pending cases. The High Court, after considering the circumstances, granted bail on a Rs 10,000 bond with two sureties, imposing conditions of cooperation, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to the petitioner under Section 309(6) of the Bharatiya Nyay Sanhita, 2023 despite the nature of the offence and his criminal antecedents.
- Whether the confession of a co‑accused alone suffices to justify continued detention.
- Whether the petitioner’s prior criminal record warrants denial of bail.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 309(6)
Subjects
- bail
- robbery
- Section 309(6)
- Bharatiya Nyay Sanhita
- criminal antecedents
- co‑accused confession
- East Champaran
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24159 of 2026
Arising Out of PS. Case No.-384 Year-2024 Thana- KALYANPUR District- East Champaran
======================================================
Rohit Baba @ Rohit Pandey @ Rohit Kumar @ Rohit Kumar Pandey S/O
Subhash Pandey @ Sri Subhas Pandey Resident of village- Siswa P.S.-
Dumariyaghat District- East Champaran
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate
For the Opposite Party/s : Mr. Md. Shakir Ahmad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 15-04-2026 Learned counsel for the petitioner is permitted to
make necessary corrections in paragraph-1 of the bail
application.
2. Heard Mr. Ajay Kumar Singh, learned counsel for
the petitioner as well as Md. Shakir Ahmad, learned Additional
Public Prosecutor for the State.
3. Petitioner seeks bail who is in custody since
25.06.2025 in connection with Kalyanpur P.S. Case No. 384 of
2024, F.I.R. dated 19.11.2024 for the offences punishable under
Sections 309(6) of the Bharatiya Nyay Sanhita, 2023.
4. According to prosecution case, the informant
alleged that on 19.11.2024 at about 12.15 P.M, three unknown
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people came to his CSP Centre on a white Apache motorcycle
and on point of pistol took away about Rs.2 Lakh cash lying in
the cash counter, fired in the air and fled towards west.
5. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. Initially the petitioner was not named in the FIR
and his name transpired during investigation on the basis of
confessional statement of co-accused, Sameer Singh @ Sonu
Kumar and thereafter the police remanded the petitioner in the
present case, while he was in judicial custody in connection with
Dumariyaghat P.S. Case No. 180 of 2023 and except the
disclosure made by apprehended co-accused person, no other
cogent material has come during investigation which suggest the
involvement of the petitioner in the present occurrence. He next
submits that nothing has been recovered from the conscious
possession of the petitioner and till date no TIP has been
conducted by the prosecution. He further submits that the police
after investigation submitted the charge sheet against the
petitioner and the petitioner is in custody since 25.06.2025.
6. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner on the
ground that petitioner carries five criminal antecedents other
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than the present one but fairly submits on the basis of
paragraph-3 of the bail application that the petitioner is on bail
in three cases and two cases are pending for consideration
before competent court of law.
7. 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 Chief
Judicial Magistrate, Motihari, East Champaran in connection
with Kalyanpur P.S. Case No. 384 of 2024, subject to the
following conditions:-
i. Petitioner shall co-operate in the trial and shall be
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
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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)
Suruchi/-
U T
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