Patna High Court

Rocky Kumar @ Rockey RajversusThe State of Bihar

Decided: 9 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted anticipatory bail to the petitioner subject to surrender, a bail bond and compliance with Section 482(2) conditions.

Summary

Petitioner Rocky Kumar applied for anticipatory bail fearing arrest in a case (Kalyanbigha PS Case No. 66 of 2025) alleging theft of an e‑rickshaw, a mobile phone and cash. The prosecution alleged that unknown miscreants committed the theft and that a co‑accused, Ghanshyam Yadav, named the petitioner in his confessional statement. The petitioner contended he was falsely implicated, no material was recovered from him, and the co‑accused had already been granted bail. The State opposed bail, citing a prior criminal case against the petitioner. After hearing both sides, the court ordered that the petitioner be granted anticipatory bail, subject to surrender within four weeks, a bail bond of Rs. 10,000 with two sureties, and compliance with conditions under Section 482(2) of the B.N.S.S.

Issues considered

Whether anticipatory bail can be granted to the petitioner under Section 309(6) of the B.N.S., 2023.
Whether the petitioner’s alleged involvement and prior criminal antecedent preclude the grant of bail.
Whether the conditions prescribed under Section 482(2) of the B.N.S.S. are satisfied.

Legislation cited

B.N.S. — s. 309(6)
B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
Section 309
criminal antecedent
bail bond
Section 482
Bihar
e‑rickshaw theft

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6294 of 2026
                      Arising Out of PS. Case No.-66 Year-2025 Thana- Kalyan Bigha District- Nalanda
                 ======================================================
                 Rocky Kumar @ Rockey Raj S/o Karu @ Satish Paswan R/o Hasanchak,
                 P.S.- Kalyanbigha, District- Nalanda


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


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Aditya Kumar, Advocate
                 For the Opposite Party/s :        Mr. Ajay Kumar Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   09-02-2026                    Heard Mr. Aditya Kumar, learned counsel for the

                   petitioner and Mr. Ajay Kumar Jha, learned APP for the State.

                                2. The instant application for anticipatory bail has

                   been filed by the petitioner apprehending his arrest in

                   connection with Kalyanbigha P.S. Case No. 66 of 2025

                   instituted for the offence under Section 309(6) of the B.N.S.,

                   2023.

                                3. The case of the prosecution in short is that

                   unknown miscreants took away the e-rickshaw of the informant.

                   It is further alleged that they also took away one mobile phone

                   along with cash of Rs. 1500/-.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has
Patna High Court CR. MISC. No.6294 of 2026(2) dt.09-02-2026
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          committed no offence. He has falsely been implicated in this

          case. He also submits that the FIR was lodged against unknown

          miscreants. During the course of investigation, one co-accused

          namely, Ghanshyam Yadav has given his confessional statement

          in which he has named this petitioner. He also submits that

          nothing has been recovered from the possession of this

          petitioner. He further submits that co-accused namely,

          Ghanshyam Yadav has already been granted bail by the learned

          coordinate bench of this court vide Cr. Misc. No. 75939 of

          2025. The case of this petitioner stands on better footing.

                       5. In contra, learned APP appearing for the State has

          opposed the prayer of bail of the petitioner and submits that the

          petitioner is having criminal antecedent of one case.

                       6. Having heard learned counsel for the parties and in

          the facts and circumstances of the case as stated above, this

          Court is inclined to enlarge the petitioner on bail. The petitioner

          is directed to surrender in the Court below within a period of

          four weeks from today and in the event of his arrest or surrender

          in connection with Kalyan Bigha P.S. Case No. 66 of 2025, he

          will be enlarged 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 learned Additional Session Judge, Nalanda
           Patna High Court CR. MISC. No.6294 of 2026(2) dt.09-02-2026
                                                       3/3




                     at Biharsharif subject to the conditions as laid down under

                     section 482(2) of the B.N.S.S.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T

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