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Patna High Court

Rohit Kumar @ LaluversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner as the allegations did not amount to prima facie evidence of guilt.

Summary

Rohit Kumar, alias Lalu, was arrested in connection with a robbery of jewellery and has been in custody since 20 May 2025, although his name does not appear in the FIR. The only link to him is a confessional statement made by co‑accused Suraj Kumar, and no other incriminating material has been recovered. The petitioner sought bail under Sections 310 and 317(3) of the Bharatiya Nyaya Sanhita, arguing that the investigation is complete and there is no risk of evidence tampering. The State opposed the bail, but the Court observed that the suspicion arising solely from the co‑accused’s confession does not constitute prima facie evidence. Consequently, the Court ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 480(3) of the B.N.S.S.

Issues considered

  • Whether bail should be granted to the petitioner when the only basis for accusation is a confessional statement of a co‑accused and no other incriminating evidence exists.

Legislation cited

Subjects

  • bail
  • confessional statement
  • suspicion
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • robbery
  • evidence
  • investigation completed

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.73185 of 2025
                        Arising Out of PS. Case No.-98 Year-2025 Thana- DANAPUR District- Patna
                 ======================================================
                 Rohit Kumar @ Lalu, Son of Baleshwar Singh Rajput, R/o Village -
                 Narayanpur, P.S. - Narayanpur, Dist. - Bhojpur (Ara).
                                                                              ... ... Petitioner
                                                    Versus
                 The State of Bihar
                                                                       ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Hansraj, Advocate
                 For the Opposite Party/s :       Mr. Prem Kumar Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   06-02-2026                    Heard learned counsel appearing on behalf of

                   the petitioner and learned APP appearing on behalf of

                   the State.

                                2. The petitioner seeks bail in connection with

                   Danapur P.S. Case No. 98 of 2025 registered for the

                   offences under Sections                   310 and 317 (3) of the

                   Bharatiya Nyaya Sanhita.

                                3. The petitioner is not named in the F.I.R. and

                   is in custody since 20.05.2025.

                                 4. As per FIR five miscreants looted jewellery

                   from the shop of informant namely, M/s. Jiva Jewellery

                   Shop on gun point.

                                5. Learned counsel appearing on behalf of the

                   petitioner submitted that the name of petitioner

                   transpires in the present case on the basis of
Patna High Court CR. MISC. No.73185 of 2025(2) dt.06-02-2026
                                            2/3




          confessional statement of co-accused Suraj Kumar, in

          furtherance            of    which,     no     incriminating   material

          recovered/surfaced as to connect this petitioner with

          the present crime in question. It is also submitted that

          petitioner was not put on TIP as yet. It is pointed out

          that similarly situated co-accused persons from whose

          possession looted jewelry was recovered have already

          granted bail by one of the learned Co-ordinate Bench

          of this Court through Cr. Misc. No. 38130 of 2025 vide

          order      dated            06.08.2025.      While    concluding     the

          argument,         it    is    submitted       that,   petitioner   found

          involved in seven more criminal cases, where he is on

          bail in all cases and prima-facie implicated with the

          present case out of suspicion arising out of his criminal

          antecedents, where in maximum number of cases his

          name transpires on the basis of confessional statement

          as of the present case having otherwise no evidentiary

          value under law and moreover, investigation of this

          case is already completed, and as such, there is no

          chance of tampering with the evidence.

                       6. Learned APP appearing on behalf of the

          State opposes the prayer for bail.

                       7. In view of aforesaid factual submission and

          by taking note of fact as save and except suspicion
           Patna High Court CR. MISC. No.73185 of 2025(2) dt.06-02-2026
                                                       3/3




                     arising out of confessional statement of apprehended

                     co-accused         person        namely        Suraj   Kumar,   nothing

                     prima-facie incriminating appears as to connect this

                     petitioner with the present crime in question, coupled

                     with the fact as petitioner remains in custody since

                     20.05.2025, accordingly, above named petitioner is

                     directed to be released on bail in connection with

                     Danapur P.S. Case No. 98 of 2025 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         Chief        Judicial   Magistrate-I,

                     Danapur/concerned court, subject to the conditions as

                     mentioned under Section 480(3) of the B.N.S.S.


                                                   (Chandra Shekhar Jha, J.)
    Sanjeet/-

U      T


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