Patna High Court
Rohit RajversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court held that, given the petitioner’s clean antecedent and the lack of a specific allegation against him, bail should be granted.
Summary
The petitioner, Rohit Raj, was arrested on 3 December 2025 in connection with FIR dated 3 October 2025 alleging offences under Sections 103(1) and 61(2) of the Bihar Narcotic Substances Act, 2023 and Section 27 of the Arms Act. The FIR attributes the shooting that caused the death of the informant’s son to the co‑accused Mohit Paswan, while the petitioner is only alleged to have threatened the victim. The petitioner pleaded clean antecedent and argued that the FIR contains no specific allegation of assault against him. The State opposed bail, but the Court noted that other co‑accused had already been released on bail and that the petitioner’s record was spotless. Consequently, the Court granted bail on a bond of Rs 10,000 with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether the petitioner is entitled to bail despite the FIR alleging his involvement in the offence.
- Whether the absence of a specific allegation of assault against the petitioner justifies granting bail.
- Whether the petitioner’s clean antecedent and the bail granted to co‑accused affect the decision on bail.
Legislation cited
- Arms Act, 1959 — s. 27
- Bihar Narcotic Substances Act, 2023 — s. 103(1), 61(2)
Subjects
- bail
- clean antecedent
- FIR
- co‑accused
- Section 103(1) BNS
- Section 61(2) BNS
- Section 27 Arms Act
- Criminal Procedure Code
- Gaya district
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38862 of 2026
Arising Out of PS. Case No.-1045 Year-2025 Thana- GAYA MUFASIL District- Gaya
======================================================
Rohit Raj S/O Dilip Paswan Resident of Village- Bhusunda, PO- Nauranga,
PS- Mufassil, Dist- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Laliteshwar Prasad Sharma, Advocate
For the Opposite Party/s : Mr.Syed Mojibur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 18-06-2026 Heard Mr.Laliteshwar Prasad Sharma, learned
counsel for the petitioner and Mr.Syed Mojibur Rahman,
learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since
03.12.2025 in connection with Gaya Muffasil P.S. Case No.
1045 of 2025, F.I.R. dated 03.10.2025 registered for the
offence punishable under Sections 103(1) and 61(2) of BNS,
2023 and Section 27 of Arms Act.
3. Specific allegation against co-accused person,
namely, Mohit Paswan, who happens to be the brother of the
present petitioner, is that he fired upon the son of the
informant, which hits in the chest. During his treatment, he
died.
Patna High Court CR. MISC. No.38862 of 2026(2) dt.18-06-2026
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4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. The
allegation as alleged in the FIR is false and fabricated and the
petitioner has not committed any offence as alleged in the
FIR. It appears from the FIR that the FIR is in two parts. In
first part, there is specific allegation of firing is attributed
against co-accused person, namely, Mohit Paswan. In second
part, the name of the petitioner has been indicated which
suggests that the petitioner and other co-accused persons have
threatened the son of the informant. From a bare perusal of
the FIR it appears that there is no specific allegation of any
assault or overt-act attributed against the petitioner and
similarly situated co-accused persons, namely, Jagdip Paswan
@ Karan Kumar and Lakshmi Devi have been granted bail
by this Court vide orders dated 12.03.2025 and 17.03.2026
passed in Cr. Misc. Nos. 16181 of 2026 and 16843 of 2026
respectively. Co-accused person, namely, Kuldeep Paswan has
also been granted bail by this Court vide order dated
18.06.2026 passed in Cr. Misc. No. 35267 of 2026 and the
police, after investigation, submitted the chargesheet against
the petitioner and the petitioner is in custody since
03.12.2025.
Patna High Court CR. MISC. No.38862 of 2026(2) dt.18-06-2026
3/4
5. Learned APP for the State has opposed the prayer
for bail of the petitioner.
6. Considering the aforesaid fact and petitioner has
clean antecedent, let the petitioner, above named, be released
on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned C.J.M., Gaya in connection with Gaya Muffasil P.S.
Case No. 1045 of 2025, with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall
be properly represented on each and every date fixed by the
Court and shall remain physically present as directed by the
Court and on his/her absence on two consecutive dates
without sufficient reason, his/her bail bond shall be cancelled
by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
(III) And, further condition that the court below
shall verify the criminal antecedent of the petitioner and in
case at any stage, it is found that the petitioner has concealed
his criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
Patna High Court CR. MISC. No.38862 of 2026(2) dt.18-06-2026
4/4
acceptance of bail bonds in terms of the above-mentioned
order shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U
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