Patna High Court

Baiju Kumar @ Rohit KumarversusThe State of Bihar

Decided: 12 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Bail is granted to the petitioner subject to a bond of Rs 10,000 and two sureties, with conditions under Section 482(2) of the BNS.

Summary

The petitioner, Baiju Kumar, was arrested in connection with the murder of an informant's son, a case registered under Sections 103 and 238 of the Bharatiya Nagarik Suraksha Sanhita (BNS) and several provisions of the Arms Act. He was not named in the original FIR; his name emerged later from a co‑accused's confessional statement, alleging only that he purchased stolen goods and did not partake in the shooting. The petitioner, who has been in custody since 24‑05‑2025, sought regular bail, arguing clean antecedents and lack of direct involvement. The State opposed the bail, citing the seriousness of the offences. The Court, considering the nature of the accusation, the petitioner’s clean record, and the limited material against him, granted bail on a bond of Rs 10,000 with two sureties, subject to Section 482(2) of the BNS.

Issues considered

Whether bail should be granted to the petitioner under Sections 103 and 238 of the BNS and the relevant provisions of the Arms Act.
Whether the petitioner’s alleged involvement, based solely on a co‑accused’s confession, justifies denial of bail.
Whether Section 482(2) of the BNS can be invoked to impose conditions on the bail.

Legislation cited

Arms Act — s. 25(1-b), 25(a), 26, 35
Bharatiya Nagarik Suraksha Sanhita — s. 103, 238, 482(2)

Subjects

bail
criminal procedure
Arms Act
Bharatiya Nagarik Suraksha Sanhita
anticipatory bail
confessional statement
chargesheet

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.59774 of 2025
                      Arising Out of PS. Case No.-401 Year-2025 Thana- AGAMKUAN District- Patna
                 ======================================================
                 Baiju Kumar @ Rohit Kumar S/o Vijay Prasad R/o Village / Mohalla - Naya
                 Chak, Near the bridge, P.S.- Ramkrishnanagar, District - Patna

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Diwakar , Advocate
                 For the Opposite Party/s :      Mr. Dilip Kumar No. 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   12-02-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State .

                                 2. Petitioner seeks regular bail in a case registered for

                   the offence punishable under Sections 103 and 238 of the BNS

                   and 25 (1-b)/a/26/35 of Arms Act.

                                3 . As per the prosecution case , informant’s son was

                   shot dead by unknown persons for which FIR was lodged

                   against unknown .

                                  4. Learned counsel for the petitioner submits that

                   Petitioner is not named in the FIR. Name of the petitioner

                   transpired during course of investigation on the basis of

                   confessional statement of the co-accused. The only material that

                   has come against this petitioner is that he used to purchase the

                   stolen goods. Moreover, petitioner is not alleged to have
            Patna High Court CR. MISC. No.59774 of 2025(4) dt.12-02-2026
                                                        2/2




                      participated in the alleged occurrence . Petitioner is in custody

                      since 24.05.2025 . Chargesheet has already been submitted.

                                   5 . Learned A.P.P. for the State vehemently opposed

                      the bail application .

                                   6. Considering backdrop of the case, nature of

                      accusation and clean antecedent, this anticipatory bail is allowed

                      and it is ordered that let the above named petitioner in the event

                      of his arrest/surrender before the court below within a period of

                      eight weeks from today, be enlarged 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 ACJm-IV, Patna City

                      in connection with Agamkuan P. S. Case No. 401 of 2025 ,

                      subject to condition as laid down under Section 482(2) of the

                      Bharatiya Nagarik Suraksha Sanhita, 2023 .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T

Continue reading with your account

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

Diwakar