Patna High Court
Rohit Ram @ Rohit Kumar Ram @ Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioner subject to a cash bond, sureties, and conditions of appearance and non‑tampering.
Summary
The petitioner, Rohit Ram, was arrested in connection with a police raid in Shekhpura where arms and ammunition were seized and the accused allegedly fired at police. He is charged under Sections 132, 109, 121(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1‑ba), 26, 27, 35 of the Arms Act. The petitioner contended that he was falsely implicated, that no specific overt act was alleged against him, and that no incriminating article was found in his possession, while the prosecution relied on statements of a co‑accused. He had been in custody since 24‑03‑2025 and has two prior criminal antecedents; the co‑accused had already been granted bail. The State opposed bail, but the Court, considering the lack of direct evidence and the period of custody, granted bail subject to a bond of Rs.15,000 with two sureties and specific conditions. The order directs the petitioner to appear at every trial date and provides for cancellation of bail on default or tampering with evidence.
Issues considered
- Whether bail should be granted to the petitioner despite the serious charges under the Bharatiya Nyaya Sanhita and the Arms Act
- Whether the absence of direct incriminating material against the petitioner justifies bail
Legislation cited
- Arms Act — s. 25(1‑ba), 26, 27, 35
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 121(2), 132, 3(5)
Subjects
- bail
- false implication
- arms seizure
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- pre‑trial detention
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4352 of 2026
Arising Out of PS. Case No.-193 Year-2025 Thana- NAUBATPUR District- Patna
======================================================
Rohit Ram @ Rohit Kumar Ram @ Rohit Kumar Son of Vikash Ram @
Bikash Ram Resident of Village- Shekhpura, P.S.- Naubatpur, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Uday Kumar, Advocate
For the Opposite Party/s : Mr. Madhura Nand Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 02-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Naubatpur P.S. Case No. 193 of 2025 instituted for the offences
under Sections 132, 109, 121(2), 3(5) of the Bharatiya Nyaya
Sanhita, 2023 and Sections 25(1-b)a, 26, 27, 35 of the Arms
Act.
3. Prosecution case, in short, is that on secret
information, police raided village Shekhpura to arrest absconder
Bharat Singh @ Chandrashekhar, during which the accused
persons allegedly fired at the police and were apprehended, and
arms, cartridges and mobile phones were seized from the spot.
4. Learned counsel for the petitioner submitted that the
Patna High Court CR. MISC. No.4352 of 2026(2) dt.02-02-2026
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petitioner has falsely been implicated in the present case.
Learned counsel for the petitioner submitted that general and
omnibus allegation has been made against the petitioner. No
specific overt act is alleged against the petitioner. Learned
counsel further submitted that no incriminating article has been
recovered from the conscious possession of the petitioner. He
further contended that the arms and ammunitions have been
recovered on the basis of statement of the co-accused person. It
has been submitted on behalf of the petitioner that the petitioner
is in custody since 24.03.2025 and has two criminal antecedents.
The co-accused person has already been granted bail by a
coordinate Bench of this Court vide order dated 02.12.2025
passed in Cr. Misc. No. 80488 of 2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of
the like amount each to the satisfaction of Court
Patna High Court CR. MISC. No.4352 of 2026(2) dt.02-02-2026
3/3
below/concerned Court in connection with Naubatpur P.S. Case
No. 193 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(III) 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.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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