Patna High Court

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

Decided: 1 May 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted bail to the petitioner on a bond of Rs. 10,000 with conditions.

Summary

The petitioner sought regular bail in a robbery case under Section 309(4) of the B.N.S., where three unknown assailants looted Rs. 27,000 and mobile phones. The prosecution’s case rests mainly on a confessional statement by co‑accused Rahul Kumar, who named the petitioner, with no other material evidence or recovery of stolen items. The petitioner contended that he was falsely implicated and had been in judicial custody since 25‑06‑2025. The State opposed bail, highlighting the petitioner’s five prior criminal cases. After considering the lack of substantive evidence beyond the confessional statement and the petitioner’s prolonged custody, the Court granted bail on a bond of Rs. 10,000 with two sureties and specific conditions.

Issues considered

Whether the petitioner is entitled to regular bail despite the confessional statement of a co‑accused naming him.
Whether the petitioner’s prior criminal antecedents justify denial of bail.

Legislation cited

B.N.S. — s. 309(4)

Subjects

bail
confessional statement
robbery
criminal antecedent
Section 309(4)
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25576 of 2026
                 Arising Out of PS. Case No.-310 Year-2024 Thana- PIPRAKOTHI 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. Ataur Rahman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   01-05-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Section 309(4) of the

                   B.N.S.

                                3. The case of the prosecution, in short, is that while

                   the informant was discharging his duty in his gas agency, in the

                   meanwhile, three unknown miscreants came on a bike and on

                   the point of gun looted Rs. 27, 000/- and mobile phones and fled

                   away.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. Leaned counsel for the petitioner has submitted that the
Patna High Court CR. MISC. No.25576 of 2026(2) dt.01-05-2026
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          F.I.R. was lodged against unknown miscreants. During course

          of investigation, one Rahul Kumar was apprehended and he has

          given his confessional statement in which he has named this

          petitioner. It has further been submitted that save and except the

          confessional statement, there is nothing against him. No

          recovery has been made from his possession. The bike which

          was used in the offence is registered in the name of co-accused

          Rahul Kumar who has already been granted bail by learned Co-

          ordinate Bench of this Court vide Cr. Misc. No. 15106 of 2026.

          Moreover, petitioner is languishing in judicial custody since

          25.06.2025.

                       5. Learned APP appearing for the State has

          vehemently opposed the application for bail and has submitted

          that petitioner is having criminal antecedent of five cases.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is

          inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be enlarged on bail on furnishing bail

          bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

          of the like amount each to the satisfaction of the learned C.J.M.,

          Motihari, East Champaran in connection with Piprakothi P.S.

          Case No. 310 of 2024 with the following conditions:-
             Patna High Court CR. MISC. No.25576 of 2026(2) dt.01-05-2026
                                                         3/3




                                    (i) One of the bailors shall be close relative of the

                       petitioner.

                                    (ii) He shall cooperate in the trail and shall remain

                       physically present on each and every date in the learned

                       trail Court.


                                                      (Ashok Kumar Pandey, J)

lata/-
U        T

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