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Patna High Court

Rohit KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court held that bail cannot be granted and the earlier order denying bail stands.

Summary

Rohit Kumar was charged under IPC sections 307, 326, 302 and 34 and Section 27 of the Arms Act for a murder‑extortion incident. His first bail application was rejected on 28‑08‑2024. He filed a second bail petition claiming that trial witnesses had turned hostile. The State opposed the bail, emphasizing his alleged role in supplying arms and facilitating extortion. The Court, citing the Supreme Court’s decision in X vs. State of Rajasthan (2024), held that the hostility of witnesses cannot be a ground for bail at this stage of the trial. Consequently, the Court found no basis to revisit its earlier order and dismissed the bail application.

Issues considered

  • Whether bail can be granted when trial witnesses have turned hostile
  • Whether the earlier bail denial can be reviewed in light of the present circumstances
  • Whether the petitioner’s alleged participation in extortion and murder precludes bail

Legislation cited

Subjects

  • bail
  • hostile witnesses
  • IPC
  • Arms Act
  • murder
  • extortion
  • trial
  • review of order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27511 of 2025
                    Arising Out of PS. Case No.-219 Year-2024 Thana- SHASTRINAGAR District- Patna
                 ======================================================
                 Rohit Kumar S/o Naresh Kumar @ Naresh Paswan R/o Mohalla- Baily Road
                 No.6, Vigilance Office, Back of Lalit Bhawan, Punaichak, Jhoparpatti, P.S.-
                 Shashtri Nagar, District- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Vivekanand Singh
                 For the Opposite Party/s :        Mr. Narsingh Tanti
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

7   11-02-2026                  Heard the learned counsel for the petitioner and the

                   learned APP for the State.

                                2. This is the 2nd attempt of the petitioner. The

                   petitioner seeks bail in connection with Shastrinagar P.S. Case

                   No. 219 of 2024 registered for the offence under Sections 307,

                   326, 302 and 34 of the Indian Penal Code and Section 27 of the

                   Arms Act.

                                3. Earlier the bail application of the petitioner was

                   rejected on 28.08.2024 in Cr. Misc. No. 59197 of 2024 which

                   reads as follows:-

                                                          Heard learned cousnel for the
                                              petitioner and learned APP for the State.
                                                          2. The petitioner seeks bail in
                                              connection with Shastrinagar P.S.Case No. 219
                                              of 2024 registered for the offence punishable
                                              under Sections 307, 326/34 of the Indian Penal
Patna High Court CR. MISC. No.27511 of 2025(7) dt.11-02-2026
                                            2/3




                                  Code and Section 27 of the Arms Act.
                                              3. Two named accused persons
                                  namely, Chottu Gope and Santosh Gope fired in
                                  the market due to which three persons were
                                  injured subsequently, Jitendra Rai died.
                                              4. Learned cousnel for the petitioner
                                  has submitted that during investigation, it has
                                  come that there was dispute between the
                                  residents of Punichak market and Punichak
                                  Jhoparpatti and the petitioner and his father
                                  and one more persons were beaten by the
                                  deceased and others of the market,During
                                  Durga Puja. It has further come in the
                                  investigation, that this petitioner, his father and
                                  another co-accused used to supply the mobile
                                  numbers of the shopkeepers from whom
                                  extortion was demanded by Chottu Gope and
                                  Santosh Gope. The petitioner and his father and
                                  one co-accused provided arms in the crime. The
                                  motorcycle used in the crime was recovered
                                  from the petitioner and though the colour of the
                                  motorcycle which was used in crime differs with
                                  the colour of motorcycle recovered from the
                                  petitioner. The petitioner is in custody since
                                  01.04. 2024.
                                              5. Considering the involvement of the
                                  petitioner in the alleged extortion and murder, I
                                  am not inclined to grant bail to the petitioner.
                                  This application is dismissed.


                       4. The learned counsel for the petitioner submits that

          in the trial, witnesses have turned hostile, therefore, the

          petitioner may be granted bail.

                       5. The learned APP for the State has vehemently

          opposed the prayer of the petitioner.

                       6. Considered the submissions of the parties. The trial
            Patna High Court CR. MISC. No.27511 of 2025(7) dt.11-02-2026
                                                        3/3




                      is continuing. The submission of the learned counsel for the

                      petitioner that the witnesses have turned hostile cannot be

                      considered by this Court at this stage in view of the law laid

                      down by the Hon’ble Supreme Court in the case of X vs. State

                      of Rajasthan & Anr, 2024 SCC OnLine SC 3539.

                                   7. In view of the aforesaid facts and circumstances,

                      this Court finds no ground to review its earlier order.

                      Accordingly, this application for regular bail stands rejected.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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