Patna High Court
Rohit Kumar @ Rohit PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Rohit Kumar (also known as Rohit Paswan), was arrested in connection with a murder case under IPC sections 302, 120B, 34 and Arms Act section 27, alleged to involve the killing of an informant's son. He applied for bail, contending that the original FIR named an unknown perpetrator and that his name only surfaced later during investigation. The prosecution’s bail rejection relied on a confessional statement of co‑accused Chhotu Kumar, which mistakenly identified Rohit Jaiswal, not the petitioner, as the accused. Witness testimony further indicated that the actual firing was carried out by Chhotu Kumar, with other alleged assailants remaining unidentified. The court observed that the thrust of the investigation was directed at Chhotu Kumar and, to a lesser extent, Rajesh Raj, who had already been granted bail by a coordinate bench. Consequently, the court ordered the petitioner’s bail to be enlarged upon furnishing a Rs 10,000 bond with two sureties.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the charges and the evidence presented against co‑accused.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 120B, 302, 34
Subjects
- bail
- murder
- conspiracy
- IPC
- Arms Act
- criminal procedure
- confessional statement
- co‑accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66101 of 2025
Arising Out of PS. Case No.-260 Year-2024 Thana- SHASTRINAGAR District- Patna
======================================================
Rohit Kumar @ Rohit Paswan S/o- Naresh Paswan Resident of Khalid, PS-
Kako, District- Jahanabad at present Punaichak Jhoparpatti, PS- Shastri
Nagar, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akhauri Kamal Kishore Sahay
For the Opposite Party/s : Mr. Ram Anurag Singh
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 12-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 302, 120B, 34 of the Indian
Penal Code and Section 27 of the Arms Act.
3. Petitioner is said to have committed the murder of
the son of the informant.
4. Learned counsel for the petitioner submits that the
present first information report has been lodged against
unknown and the name of the petitioner along with other
accused persons has transpired during the course of
investigation. It has been pointed out that in the bail rejection
order, the ground for rejection of bail of the petitioner has been
primarily said to be the fact that the confessional statement of
Patna High Court CR. MISC. No.66101 of 2025(4) dt.12-02-2026
2/3
accused Chhotu Kumar @ Ashok Mahto of Shastri Nagar P.S.
Case No. 219 of 2024 has led to the recovery of firearm from
the house of the petitioner and the reference of paragraph-75 of
the case diary has been given but the same is an error of record
as paragraph-75 of the case diary clearly indicates that the name
of one Rohit Jaiswal transpires in the confessional statement of
co-accused Chhotu Kumar and subsequently paragraph-77 of
the case diary also indicates that such recovery and seizure is
shown from the house of Rohit Jaiswal son of Tribhuban Pd.
Jaiswal and not the present petitioner. It has further been
submitted that from the statement of one of the witness recorded
in paragraph 16, it would be clear that two persons namely
Rajesh Raj @ Banti and Chhotu Kumar @ Ashok Mahto came
on motorcycle and firing was made by Chhotu Kumar. The other
witnesses have only referred to two unknown miscreants to be
the assailants of the deceased. Further, the petitioner is in
custody since 25.04.2025
5. Learned APP for the State has opposed the
application for bail.
6. Taking into consideration the facts and
circumstances and also considering that fact that the thrust of
allegation as per the materials collected during the course
Patna High Court CR. MISC. No.66101 of 2025(4) dt.12-02-2026
3/3
investigation is upon Chhotu Kumar @ Ashok Mahto and to
some extent against Rajesh Raj @ Banti who has already been
granted bail by a coordinate Bench of this Court vide order
dated 16.12.2024 passed in Cr. Misc. No. 64279 of 2024, let the
above named petitioner, 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 the learned court
below where the case is pending/successor court in connection
with Shastri Nagar P.S. Case No. 260 of 2024.
(Soni Shrivastava, J)
devendra/-
U T
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