Patna High Court
Rohit Roy @ Rohit MautversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The High Court granted anticipatory bail to the petitioner, subject to a bail bond and conditions, under Section 482(2) of the CrPC.
Summary
The petitioner, Rohit Roy, was implicated in a violent incident alleged to involve a drunken co‑accused and a mob assaulting an informant and his nephew, leading to charges under several sections of the Indian Penal Code. The petitioner argued that the allegations were vague, politically motivated, and that he had no prior criminal record or intent to commit murder. The State opposed his request for anticipatory bail, contending the seriousness of the offences. After hearing both sides, the High Court considered the facts, the lack of evidence of premeditation, and the provisions of Section 482(2) of the Criminal Procedure Code. The Court ordered that the petitioner be granted anticipatory bail, subject to a bail bond of Rs.10,000 with two sureties and other conditions. The application for anticipatory bail was therefore allowed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Criminal Procedure Code in view of the allegations under multiple IPC sections
- Whether the allegations constitute a pre‑meditated offence warranting denial of bail
Legislation cited
- Criminal Procedure Code — s. 482(2)
- Indian Penal Code — s. 109, 115(2), 126(2), 190, 191(2), 351(2), 351(3), 352
Subjects
- anticipatory bail
- Indian Penal Code
- Criminal Procedure Code
- Section 482
- assault
- pre‑meditation
- high court
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32952 of 2026
Arising Out of PS. Case No.-364 Year-2025 Thana- GAYA KOTWALI District- Gaya
======================================================
Rohit Roy @ Rohit Maut S/o Pappu Prasad R/o Village- Dholakiya Gali, P.S.-
Kotwali, District- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kumar, Advocate
For the Opposite Party/s : Mr. Anant Kumar 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 13-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case in
connection with Kotwali P.S. Case No. 364 of 2025 dated
28.07.2025 registered for the offences punishable under
Sections 191(2), 190, 126(2), 115(2), 109, 352, 351(2) and
351(3) of the B.N.S.
3. As per the allegation, informant alleged that when
he was at his shop, the co-accused Ramji Prasad came there in a
drunken condition and demanded ‘ghee’ and started abusing the
informant. It has been alleged that when the informant opposed
the acts of co-accused Ramji Prasad, he called 40 to 50
unknown boys who assaulted the informant by means of belt,
Patna High Court CR. MISC. No.32952 of 2026(2) dt.13-05-2026
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rod and bricks. It has further been alleged that when nephew of
the informant, namely, Nikhil Kumar came to rescue the
informant then co-accused Ramji Prasad along with other co-
accused persons started assaulting him as a result of which he
received head injury and become unconscious. It has further
been alleged that all the accused persons were armed with pistol
and amongst 40 to 50 unknown persons, petitioner and co-
accused Aniket Kumar were identified.
4. Learned counsel for the petitioner has submitted
that there is general and omnibus allegation against the
petitioner. It has further been submitted that petitioner has been
made victim of circumstances as a result of village politics.
Learned counsel for the petitioner referring to the impugned
order has submitted that though the injury reports have been
discussed, but the nature of injury has not been discussed. It has
further been submitted that petitioner has got no criminal
antecedent and there is no premeditation to kill so as to
constitute the offence under Section 307 of Indian Penal Code.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner.
6. Heard the parties and perused the record.
7. Considering the facts and circumstances of the
Patna High Court CR. MISC. No.32952 of 2026(2) dt.13-05-2026
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case, let the above named petitioner, in the event of his
arrest/surrender within a period of six weeks from today, be
enlarged on anticipatory bail on furnishing bail-bond of Rs.
10,000/- (Rupees ten thousand) with two sureties of the like
amount each to the satisfaction of the learned court concerned,
Gaya in connection with Kotwali P.S. Case No. 364 of 2025,
subject to conditions as laid down under section 482(2) of the
B.N.S.S.
8. The application stands allowed.
(Praveen Kumar, J)
shivam/-
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