Patna High Court
Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail could not be granted and dismissed the application.
Summary
Rohit Kumar was charged under Section 392 of the Indian Penal Code for robbing a motorcycle and a mobile phone at gunpoint. The stolen motorcycle was later recovered from his residence and he has been in custody since 29‑04‑2024. He filed a second regular bail application after an earlier denial. The Patna High Court, noting the gravity of the offence, the recovery of the stolen property from his house, and that the trial had already commenced, found no merit to revisit its earlier order. Consequently, the bail application was dismissed and the court directed the lower court to expedite the trial.
Issues considered
- Whether the petitioner is entitled to regular bail in a robbery case under Section 392 IPC given the recovery of the stolen motorcycle from his house and the seriousness of the offence.
Legislation cited
- Indian Penal Code — s. 392
Subjects
- bail
- robbery
- Section 392 IPC
- high court
- trial
- recovery of stolen property
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31583 of 2025
Arising Out of PS. Case No.-414 Year-2023 Thana- SHRIKRISHNAPURI District- Patna
======================================================
Rohit Kumar son of Anil Singh Village- Molana Bigha, (Maulana Bigha),
Police Station- Sare, District -Nalanda
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sunil Prasad
For the Opposite Party/s : Mr.Sanjay Kumar Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 10-02-2026 Heard the parties.
2. This is the second attempt of the petitioner for grant
of regular bail in connection with Shri Krishna Puri P.S. Case
No. 414 of 2023 registered for the offence under Section 392 of
the Indian Penal Code. Earlier the bail application of the
petitioner was rejected vide order dated 28.08.2024 passed in
Cr. Misc. No. 58982 of 2024 which reads as under:-
Heard learned counsel for the petitioner
and learned APP for the State.
2. Learned counsel for the petitioner is
permitted to make necessary correction in
paragraph 8 of the petition.
3. The petitioner seeks bail in connection
with S.K. Puri P.S. Case No. 414 of 2023 registered
for the offence under Section 392 of the Indian
Penal Code.
Patna High Court CR. MISC. No.31583 of 2025(5) dt.10-02-2026
2/2
4. As per the prosecution case, two
unknown criminals, on gun point have looted one
Bullet Motorcycle and one mobile phone from the
informant.
5. The petitioner is in custody since
29.04.2024 and the looted motorcycle has been
recovered from the house of the petitioner.
6. Considering the fact that the looted
motorcycle has been recovered from the house of
the petitioner, this Court is not inclined to grant
bail to the petitioner.
7. Accordingly, this application is
dismissed.
8. The Court below is directed to
expedite the trial of the petitioner and conclude the
same at the earliest.
3. It has very fairly been submitted by the learned
counsel for the petitioner that the charges have been framed in
this case.
4. Considering the gravity of the offence and the fact
that the trial has started, this court finds no ground to review its
earlier order.
5. Accordingly, this application is dismissed.
(Sandeep Kumar, J)
Vikas/-
U
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