Patna High Court
Rohit Kumar @ Rakesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to both petitioners subject to a bond and specified conditions.
Summary
Petitioners Rohit Kumar and Sintu Kumar were arrested on 31 October 2025 in connection with a case involving alleged looting and firing that resulted in a death, charged under Sections 309(6) and 103(1) of the BNS, 2023 and Section 27 of the Arms Act. They contended that they were not named in the FIR and were implicated only through confessional statements of co‑accused, asserting their innocence. The prosecution opposed bail, highlighting prior criminal antecedents of both petitioners. The Court noted that co‑accused had previously been granted bail and, after considering the circumstances, ordered bail for the petitioners subject to a bond of Rs. 10,000 with two sureties and specific conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents. The bail order was made without delay for verification purposes.
Issues considered
- Whether bail should be granted to the petitioners despite the seriousness of the offences and their criminal antecedents
- Whether the confessional statements of co‑accused constitute sufficient basis for continued detention
- Whether the conditions imposed are appropriate to ensure the petitioners' cooperation and prevent tampering with evidence
Legislation cited
Subjects
- bail
- criminal antecedent
- Arms Act
- confessional statement
- charge sheet
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24973 of 2026
Arising Out of PS. Case No.-255 Year-2025 Thana- BAUNSI District- Banka
======================================================
1. Rohit Kumar @ Rakesh Kumar S/O Ganesh Yadav Resident of Village-
Barmasiya, P.S.- Baunsi, District Banka
2. Sintu Kumar @ Santlal Kumar S/O Ganesh Yadav Resident of Village-
Barmasiya, P.S.- Baunsi, District Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rabindra Kumar, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 22-04-2026 Heard Mr. Rabindra Kumar, learned counsel for the
petitioners and Mr. Ashok Kumar Singh, learned Additional
Public Prosecutor for the State.
2. Petitioners seeks bail who are in custody since
31.10.2025 in connection with Bounsi P.S. Case No. 255 of
2025, F.I.R. dated 31.08.2025 for the offences punishable under
Sections 309(6) and 103(1) of the BNS, 2023 and Section 27 of
the Arms Act.
3. According to prosecution case, some miscreants
entered into the shop of the informant's husband to commit loot
and fired upon him due to which he died.
4. Learned counsel for the petitioners submits that
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petitioners are innocent and they have falsely been implicated in
the present case. He further submits that the petitioners were
not named in the FIR and their name has been transpired during
investigation on the basis of the confessional statement of the
co-accused persons, namely, Ankit Kumar Yadav and Akshay
Kumar which was recorded in paragraph nos. 205 and 206 of
the case diary. He further submits that the co-accused person has
confessed that the co-accused, Ankit Kumar has fired upon the
victim and he has also stated that the petitioner was present at
the place of occurrence. He further submits that the police after
investigation submitted the charge sheet against the petitioners.
He further submits that similarly situated, co-accused, namely,
Ajit Kumar has been granted bail by this Court vide order dated
23.03.2026 passed in Cr. Misc. No. 6282 of 2026 and another
co-accused, namely, Akshay Kumar Yadav has also been granted
bail by a Co-ordinate Bench of this Court vide order dated
15.01.2026 passed in Cr. Misc. No. 92077 of 2025. The
petitioners are in custody since 31.10.2025.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners on the
ground that petitioner no. 1 carries two criminal antecedents and
petitioner no. 2 carries one criminal antecedent other than the
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present one but fairly submits that they are on bail in all the
pending matters.
6. Considering the aforesaid facts and circumstances,
let the petitioners, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with
two sureties of the like amount each to the satisfaction of the
learned CJM, Banka in connection with Baunsi P.S. Case No.
255 of 2025, subject to the following conditions:-
i. Petitioners 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 their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners 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 petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
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shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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