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Patna High Court

Rohit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail may be granted in the present case subject to stringent conditions despite the seriousness of the charges.

Summary

Rohit Kumar applied for anticipatory bail in connection with a criminal case (PS Case No. 153 of 2025) alleging his involvement in a mob extortion and assault on an informant’s house. The prosecution alleged that Kumar, along with many co‑accused, threatened the informant and damaged a vehicle. Kumar contended that the extortion demand was directed at other accused, that the allegations were omnibus, and that he was falsely implicated due to prior similar offences, citing that a co‑accused had been granted bail. The State opposed the bail, arguing Kumar’s participation in unlawful activities. The High Court, applying Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, granted anticipatory bail with strict conditions, including surety, personal appearance, and regular reporting to the Superintendent of Police. The order was made clear that its observations would not affect the trial.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner despite the serious nature of the offences alleged.
  • Whether the petitioner’s prior criminal antecedents and the presence of multiple co‑accused preclude the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • extortion
  • false implication
  • criminal antecedents
  • Bharatiya Nyaya Sanhita
  • CrPC
  • Bharatiya Nagarik Suraksha Sanhita
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27371 of 2026
                       Arising Out of PS. Case No.-153 Year-2025 Thana- GOH District- Aurangabad
                 ======================================================
                 Rohit Kumar, S/o Narendra Paswan @ Narendra Kumar, R/o Village -
                 Bhurkunda, P.S - Goh, District - Aurangabad

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shailesh Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Abhay Kumar, APP
                 For the Informant        :       Mr. Ashok Kr. Karna, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

3   17-06-2026                    Heard the learned counsel for the petitioner, the

                   learned A.P.P. for the State and the learned counsel appearing on

                   behalf of the informant.

                                2. The petitioner is apprehending his/her arrest in

                   connection with Goh P.S. Case No. 153 of 2025, registered for

                   the offence(s) under Section(s) 191(2), 191(3), 190, 189(6),

                   115(2), 109(1), 352, 351(2), 324(4), 126(2) and 3(5) of the

                   Bharatiya Nyaya Sanhita, 2023 (B.N.S.).

                                3. As per the prosecution case, the allegation against

                   the petitioner is that he along with 22 other named accused

                   persons and 20-25 unknown, surrounded the house of the

                   informant and threatened with dire consequences as demand of

                   extortion was not being paid. It is also alleged that the mob
Patna High Court CR. MISC. No.27371 of 2026(3) dt.17-06-2026
                                            2/4




          damaged the vehicle parked outside the house of informant.

                       4. The learned counsel for the petitioner submits that

          as far as the demand of extortion is concerned, it is not against

          the petitioner but against the other co-accused persons and the

          rest of allegations are general and omnibus in nature against

          altogether around more than 50 persons. It has further been

          submitted that the petitioner has been falsely implicated in this

          case merely because he carries three criminal antecedents of

          similar nature. It has been lastly submitted that similarly situated

          co-accused Birendra Paswan @ Birendra Kumar has been

          granted bail by a co-ordinate bench of this court vide order

          dated 10.12.2025, passed in Criminal Miscellaneous No. 81554

          of 2025. It has lastly been submitted that the petitioner has a

          criminal antecedent in which he is on bail.

                       5. The learned APP for the State as well as learned

          counsel appearing for Department of Mines have vehemently

          opposed the prayer for grant of anticipatory bail to the petitioner

          and submitted that the petitioner was involved in unlawful

          activities and had threatened the informant with dire

          consequences.

                       6. Considering the aforesaid facts and circumstances

          of the case and the submissions advanced on behalf of the
Patna High Court CR. MISC. No.27371 of 2026(3) dt.17-06-2026
                                            3/4




          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 Goh P.S. Case No. 153 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 following conditions :

                                 (i)    One of the bailors of the petitioner shall be
                            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
           Patna High Court CR. MISC. No.27371 of 2026(3) dt.17-06-2026
                                                       4/4




                                       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)
deepak/-

U      T


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