Patna High Court
ROHIT KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The application for regular bail was allowed.
Summary
The petitioner, Rohit Kumar, was arrested in connection with a case registered under Sections 126(2), 115(2), 109, 74, 352 and 351(2)/3(5) of the B.N.S., alleged to have assaulted the victim. He applied for regular bail, claiming innocence, a clean antecedent, and that the matter involves a case and counter‑case between the parties. The prosecution opposed the bail. The court considered the submissions, noting that both parties had been injured, and found no compelling reason to deny bail. Consequently, the court granted regular bail on the condition of a bail bond of Rs. 10,000 with two sureties of equal amount. The petitioner was ordered to be released upon compliance with the bail conditions.
Issues considered
- Whether the petitioner is entitled to regular bail for the offences charged under the B.N.S.
Legislation cited
- B.N.S. — s. 109, 115(2), 126(2), 3(5), 351(2), 352, 74
Subjects
- bail
- regular bail
- criminal procedure
- assault
- Bihar High Court
- Section 126
- Section 115
- Section 109
- Section 74
- Section 352
- Section 351
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26997 of 2026
Arising Out of PS. Case No.-21 Year-2026 Thana- TARARI District- Bhojpur
======================================================
ROHIT KUMAR S/O DINESH SINGH R/O Vill.- Warshi, P.S.- Tarari, Dist.-
Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kumar Vikram, Advocate
For the Opposite Party/s : Mr.Abhay Kumar Roy, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 22-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Tarari
P.S. Case No. 21/2026 registered for the offences punishable
under Sections 126(2), 115(2), 109, 74, 352, 351(2)/ 3(5) of
B.N.S.
3. As per the prosecution case, petitioner is accused of
assaulting the victim causing injury.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in the
present case. It is next submitted that there is case and counter
case between the parties. Learned counsel further submits that
petitioner has clean antecedent and he is in custody since
09.02.2026. The petitioner undertakes to co-operate in the case/
Patna High Court CR. MISC. No.26997 of 2026(2) dt.22-04-2026
2/2
trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
6. Considering the aforesaid submissions as well as
the fact that both sides have been injured, this application for
regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned S.D.J.M., Bhojpur at Ara /concerned
Court below in connection with Tarari P.S. Case No. 21/2026.
(Sandeep Kumar, J)
tusharika/-
U T
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