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Patna High Court

Rohit Baba @ Rohit Pandey @ Rohit Kumar @ Rohit Kumar PandeyversusThe State Of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.24159 of 2026(2) dt.15-04-2026
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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
Patna High Court CR. MISC. No.24159 of 2026(2) dt.15-04-2026
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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
            Patna High Court CR. MISC. No.24159 of 2026(2) dt.15-04-2026
                                                        4/4




                      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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