Patna High Court

Rohit Kumar @ Rohit BasforversusThe State of Bihar

Decided: 4 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted regular bail to the petitioner, finding that the circumstances did not warrant continued detention.

Summary

The petitioner, Rohit Kumar, was charged under sections 305 and 331(4) of the B.N.S. for alleged theft of jewellery worth Rs. 50,000 and cash of Rs. 10,000 from the informant’s aunt’s house. He contended that the FIR named unknown miscreants, that he had given a confessional statement in a different case, and that no material had been recovered from him nor a TIP conducted. The petitioner highlighted that a co‑accused in similar circumstances had been granted bail and that he had been in judicial custody since 15 July 2025. The State opposed bail, citing the petitioner’s antecedent of eleven criminal cases. After considering the lack of direct evidence, the petitioner’s cooperation, and the precedent of bail to a co‑accused, the Court ordered his release on regular bail with a bond of Rs.10,000 and specific conditions.

Issues considered

Whether regular bail should be granted to the petitioner despite the seriousness of the offences under sections 305/331(4) of the B.N.S.
Whether the petitioner’s prior criminal antecedents justify denial of bail
Whether the absence of recovered material and lack of a TIP affect the bail decision

Legislation cited

B.N.S. — s. 305, 331(4)

Subjects

regular bail
criminal antecedent
theft
confessional statement
TIP
bail jurisprudence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5061 of 2026
                   Arising Out of PS. Case No.-605 Year-2024 Thana- BHAGWAN BAZAR District- Saran
                 ======================================================
                 Rohit Kumar @ Rohit Basfor S/O Sonelal Basfor @ Sonelal Bansfor R/O
                 Village- Indira Nagar Sarkari Bazar, P.S-Chapra Town, Dist.-Saran.
                                                                              ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sanjeet Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Dilip Kumar No. 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   04-02-2026                         Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 305/331(4)

                   of B.N.S.

                                3. The case of the prosecution is that from the house

                   of the informant’s aunt, unknown miscreants have committed

                   theft of jewellery worth of Rs. 50,000/- and cash of Rs.

                   10,000/-.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned

                   counsel for the petitioner has submitted that the FIR was

                   lodged against unknown miscreants. During course of

                   investigation, this petitioner was remanded in this case from
Patna High Court CR. MISC. No.5061 of 2026(2) dt.04-02-2026
                                            2/3




          another case and this petitioner has also given his confessional

          statement. Save and except confessional statement, there is

          nothing against him. No any recovery has been made from his

          possession. TIP was also not conducted. It has further been

          submitted by learned counsel for the petitioner that similarly

          situated other co-accused person has already been granted bail

          by learned co-ordinate Bench of this Court vide order dated

          20.01.2026 passed in Cr. Misc. No. 2026 of 2026. Moreover,

          the petitioner is languishing in judicial custody since

          15.07.2025.

                       5. Learned APP appearing for the State has

          vehemently opposed the prayer of regular bail and has

          submitted that petitioner is having criminal antecedent of

          eleven cases.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this court

          is inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be released on bail in connection with

          Bhagwan Bazar P.S. Case No. 605 of 2024 on furnishing bail

          bond of Rs.10,000/- (ten thousand) with two sureties of the

          like amount each to the satisfaction of learned Additional Chief

          Judicial Magistrate II, Saran at Chapra with the following
            Patna High Court CR. MISC. No.5061 of 2026(2) dt.04-02-2026
                                                        3/3




                      conditions:-

                                   (i) The petitioner shall cooperate in trial and shall

                      remain physically present in the trial court on each and

                      every fixed date.

                                   (ii) The petitioner is also directed to mark his

                      weekly attendance at Bhagwan Bazar P.S.



                                             (Ashok Kumar Pandey, J)
Shubham/-
U     T

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