Patna High Court
Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Arms Act — s. 27
- Indian Penal Code — s. 302, 307, 326, 34
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
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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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