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Patna High Court

Rohit RajversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/4




                       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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