Patna High Court
Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted anticipatory bail to the petitioner, subject to stringent conditions, despite his criminal antecedents.
Summary
Rohit Kumar applied for anticipatory bail after learning that he might be arrested in connection with PS Asthawan Case No. 360 of 2025, which alleges offences under Sections 304 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution’s case is based on a robbery of a bank employee, and the petitioner’s name appears only in the confessional statement of a co‑accused, Avinash Kumar, not in the FIR. The petitioner argued that he was falsely implicated, has no incriminating material in his possession, and that his two prior criminal cases are pending on bail. The State opposed anticipatory bail, citing the petitioner’s similar antecedents. The High Court, considering the circumstances, granted anticipatory bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, along with specific surety and reporting requirements. The order was made clear that its observations would not affect the trial.
Issues considered
- What is the appropriate exercise of discretion by the court in granting anticipatory bail to a petitioner with prior criminal antecedents and alleged involvement in the present offence?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 304, 3(5)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- criminal antecedents
- Bharatiya Nyaya Sanhita
- Section 304
- Section 3(5)
- Section 438 CrPC
- Section 482 B.N.S.S.
- bail conditions
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26946 of 2026
Arising Out of PS. Case No.-360 Year-2025 Thana- ASHTHAWAN District- Nalanda
======================================================
Rohit Kumar, S/o Sahdev Paswan, Resident of Village- Bihari Bigha, PS-
Asthawan, District- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binit Kumar, Advocate
For the Opposite Party/s : Mr. Akshay Lal Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 17-06-2026 Heard the learned counsel for the petitioner and the
learned A.P.P. for the State.
2. The petitioner is apprehending his arrest in
connection with Asthawan P.S. Case No. 360 of 2025 registered
for the offence(s) under Section(s) 304 and 3(5) of the Bharatiya
Nyaya Sanhita, 2023 (B.N.S.).
3. As per the prosecution case, the informant while
returning from bank and carrying Rs. 10,000/-, was intercepted
by few miscreants on a motorcycle, who took away the bag and
snatched away the passbook as well as her phone.
4. The learned counsel for the petitioner submits that
the petitioner is not named in the FIR and his name transpires in
the confessional statement of one Avinash Kumar @ Jeeku. It
has further been submitted that the petitioner has falsely been
implicated in this case as he carries criminal antecedents of
similar nature and on account of enmity with said Avinash
Patna High Court CR. MISC. No.26946 of 2026(3) dt.17-06-2026
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Kumar. It has next been submitted that no incriminating article
has been recovered from the conscious possession of the
petitioner. It has lastly been submitted that the petitioner has two
criminal antecedents but in both the cases, he is on bail.
5. The learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the petitioner
on the ground that the petitioner carries two criminal antecedent
of similar nature.
6. Considering the aforesaid facts and circumstances
of the case and the submissions advanced on behalf of the
parties, let the petitioner, above-named, be released on
anticipatory bail, in the event of his/her arrest or surrender
before the concerned Court/successor Court within a period of
four weeks from today, on his/her furnishing bail bonds in the
sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of
the like amount each to the satisfaction of the concerned
Court/successor Court where the case is pending in connection
with Asthawan P.S. Case No. 360 of 2025, subject to the
conditions as laid down under Section 438(2) of the Code of
Criminal Procedure, 1973 read with corresponding Section
482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023
(B.N.S.S.) as well as subject to the further conditions :
(i) One of the bailors of the petitioner shall be
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his/her close relative and the other shall be a local
resident.
(ii) The petitioner shall remain physically present
before the concerned Court on each and every date of the
trial and shall cooperate in the investigation.
(iii) In case of absence for two consecutive occasions
or in violation of the terms of the bail, the bail bonds of
the petitioner will be liable to be cancelled by the
concerned Court.
(iv) In view of the antecedents of the petitioner, the
petitioner is directed to appear before the concerned
Superintendent of Police within fifteen (15) days of his/her
release with a copy of this order and every two weeks
thereafter for the next nine months. The conduct of the
petitioner will be kept under watch in this period by the
concerned Superintendent of Police and if it is found
wanting in any respect, a report shall be made to the Court
concerned by him/her to initiate a proceeding for
cancellation of bail of the petitioner for reasons of misuse
of bail. After reporting to the Superintendent of Police, a
certificate will be filed by the petitioner before the Court
concerned.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
krishna/deepak/-
U
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