Patna High Court
Rohit Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that anticipatory bail could not be granted to the petitioner.
Summary
The petitioner, Rohit Kumar Singh, applied for anticipatory bail fearing arrest in a case (Bishanpur P.S. Case No. 84 of 2025) involving offences under Section 310(2) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that unknown criminals committed loot and forgery and that the petitioner’s name appeared in a self‑inculpatory statement of a co‑accused. The High Court examined the material on record and concluded that the petitioner did not merit the privilege of anticipatory bail. Consequently, the application for anticipatory bail was rejected and the petitioner was ordered to surrender within two weeks and seek regular bail, failing which he would be arrested. The court clarified that its observations were limited to this application and would not prejudice any later stage of the proceedings.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Criminal Procedure Code in view of the allegations under Section 310(2) of the Bharatiya Nyaya Sanhita, 2023.
- Whether the material, including the co‑accused’s self‑inculpatory statement, justifies denial of anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 310(2)
Subjects
- anticipatory bail
- Section 310
- Bharatiya Nyaya Sanhita
- criminal procedure
- arrest
- self‑inculpatory statement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72487 of 2025
Arising Out of PS. Case No.-84 Year-2025 Thana- BISHANPUR District- Darbhanga
======================================================
Rohit Kumar Singh S/O Pitambar Singh Resident of Village- Godhiyar Ward
No. 13, Police Station- Bishnpur, District- Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Singh, Advocate
Ms. Mili Kumari, Advocate
For the Opposite Party/s : Mr. Nawal Kishore Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 21-01-2026 Heard the learned counsel for the petitioner and the
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Bishanpur P.S. Case No. 84 of 2025 registered for offences
under Sections 310(2) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, unknown criminals
committed loot and forgery. The name of the petitioner has
come in the self-inculpatory statement of the co-accused.
4. Considering the allegations levelled against the
petitioner and the materials available on record, this court is of
the considered opinion that petitioner does not deserve the
privilege of anticipatory bail in the present case.
5. Accordingly, the application for anticipatory bail
Patna High Court CR. MISC. No.72487 of 2025(3) dt.21-01-2026
2/2
stands rejected.
6. The petitioner is directed to surrender in the court
below within a period of two weeks from today and seek regular
bail, if so advised, failing which the Senior Superintendent of
Police, Darbhanga will take all steps for the arrest of the
petitioner.
7. It is, however, clarified that the observations made
herein are limited to the adjudication of the present application
and shall not prejudice the case of the petitioner at any
subsequent stage of the proceedings.
8. Let a copy of this order be communicated to the
Senior Superintendent of Police, Darbhanga through FAX for its
compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U T
Checking your session…