Patna High Court
Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 126(2), 189(6), 190, 191(2), 191(3), 324(4), 3(5), 351(2), 352
- Criminal Procedure Code — s. 438(2)
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
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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
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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
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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/-
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