Patna High Court
Rohit Kumar @ LaluversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bharatiya Nyaya Sanhita — s. 310, 317(3), 480(3)
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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