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Patna High Court

Rohit Kumar @ Rohit PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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