Patna High Court
Rohit Kumar @ Rohit Kumar SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Rohit Kumar, was charged with robbery under Section 392 of the IPC, with Section 411 later added, based on an FIR that named him through the confessional statement of co-accused Roshan Kumar. No stolen items were recovered from the petitioner, he has not been placed on a T.I. parade, and he has no prior criminal record, but has been in custody since 28‑02‑2025 with charges framed. The State opposed bail, relying on the FIR allegations, while the petitioner argued that the evidence against him is tenuous and that a co‑accused in the same case had already been granted regular bail by a coordinate bench. The court noted the prolonged pre‑trial detention, the lack of material evidence, and the precedent of bail to the co‑accused, and consequently ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties.
Issues considered
- Whether bail should be granted to the petitioner charged under Sections 392 and 411 IPC given the circumstances of the case.
- Whether the confessional statement of a co‑accused is sufficient ground to deny bail.
- Whether the petitioner’s prolonged pre‑trial detention violates his right to a speedy trial.
Legislation cited
- Indian Penal Code — s. 392, 411
Subjects
- bail
- robbery
- IPC
- pre‑trial detention
- confessional statement
- co‑accused
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60477 of 2025
Arising Out of PS. Case No.-765 Year-2020 Thana- SUPAUL District- Supaul
======================================================
Rohit Kumar @ Rohit Kumar Sharma S/O Mohan Sharma R/O Village-
Patori, Ward No. 04, P.S- Bihra, Distt.- Saharsa.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kr. Mishra, Advocate
: Ms. Pratibha Srivastava, Advocate
For the Opposite Party/s : Ms. Sangeeta Sharma, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
5 16-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for
the offence punishable under Sections 392 of the Indian Penal
Code, later on Section 411 of the I.P.C. was added.
3. The allegation in short is that the informant was
intercepted by three unknown miscreants who snatched the
Motorcycle, Rs.9,500/- cash, Mobile phone etc.
4. The learned counsel for the petitioner submits that
the First Information Report has been lodged against unknown
and the name of the petitioner transpired during the course of
investigation in the confessional statement of one Roshan Kumar.
As a matter of fact, nothing has been recovered from the
conscious possession of the petitioner, but till date the petitioner
has not been put on T.I. parade. It has also been pointed out that
Patna High Court CR. MISC. No.60477 of 2025(5) dt.16-02-2026
2/2
the co-accused Roshan Kumar, upon whose confessional
statement the name of the petitioner has transpired, has already
been granted the privilege of regular bail by a Co-ordinate Bench
of this Court (Annexure-P/2). The petitioner is in custody since
28.02.2025 and charges have been framed in the case and the
petitioner has no criminal antecedent.
5. Learned APP for the State opposed the grant of
bail on the basis of allegations made in the First Information
Report.
6. Taking into consideration the facts and
circumstances and considering the fact that the petitioner has
substantially remained in custody with the charges having been
framed and there is no likelihood of the trial being concluded in
near future, coupled with the fact that the similarly situated co-
accused has already been granted the privilege of regular bail by a
Co-ordinate Bench of this Court, let the above named petitioner,
be released on bail on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount each
to the satisfaction of the learned C.J.M., Supaul /concerned Court
below in connection with Supaul P.S. Case No. 765 of 2020.
(Soni Shrivastava, J)
anand/-
U T
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