Patna High Court

ROHIT KUMARversusThe State of Bihar

Decided: 11 February 2026
Disposal: BAIL GRANTED
Bench: SONI SHRIVASTAVA

Holding

Bail was granted to the petitioner on the condition of a Rs.10,000 bond and two sureties.

Summary

Rohit Kumar was implicated in a theft of silver coins, mobile phones and cash from a showroom, alleged under Sections 334(1) and 303(2) of the B.N.S. The investigation named him based on a co‑accused’s confessional statement, while the other accused, Rajan Kumar and Abhishek Kumar, had already been granted regular bail. The petitioner, who has no prior criminal record and has been in custody since 21 July 2025, applied for bail. The State opposed bail, relying on the FIR allegations. Considering the lack of any material recovered from the petitioner, the grant of bail to co‑accused, and the circumstances of the case, the Court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

Whether bail should be granted to Rohit Kumar in a case under Sections 334(1) and 303(2) of the B.N.S. despite the FIR allegations
Whether the grant of bail to co‑accused affects the petitioner’s right to bail

Legislation cited

B.N.S. — s. 303(2), 334(1)

Subjects

bail
theft
Section 334(1) B.N.S.
Section 303(2) B.N.S.
co‑accused
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.74907 of 2025
                       Arising Out of PS. Case No.-249 Year-2025 Thana- PATEPUR District- Vaishali
                 ======================================================
                 Rohit Kumar S/O- Bharat Chaudhary R/O Vill-Khesrahi, Ps-Patepur, Dist-
                 Vaishali
                                                                       ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ashutosh Kumar, Advocate
                 For the Opposite Party/s :        Mr. Bharat Bhushan, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

3   11-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2. The petitioner seeks bail in a case registered for

                   the offence punishable under Sections 334(1) and 303(2) of the

                   B.N.S.

                                   3. As per the prosecution case, it is alleged that

                   certain unknown miscreants unlawfully entered the showroom of

                   the informant and committed theft of approximately 30 to 40

                   boxes of silver coins, three mobile phones, and cash amounting to

                   Rs.2,80,555/- from the cash drawer.

                                   4. Learned counsel for the petitioner submits that the

                   First Information Report was lodged against the unknown persons

                   and name of the            petitioner transpired during the course of

                   investigation and in the confessional statement of the co-accused

                   Rajan Kumar, who has already been granted bail by a Bench of

                   this Court vide order dated 10.11.2025 passed in Cr. Misc.

                   No.72289 of 2025. It is further submitted that there is no recovery
            Patna High Court CR. MISC. No.74907 of 2025(3) dt.11-02-2026
                                                         2/2




                      from the conscious possession of the present petitioner rather the

                      recovery has been from the possession of the co-accused Rajan

                      Kumar, who has already been granted the privilege of regular

                      bail. The another co-accused Abhishek Kumar has also been

                      granted the privilege of regular bail by a Co-ordinate Bench of

                      this Court vide order dated 04.02.2026 passed in Cr. Misc.

                      No.6223 of 2026. The petitioner is in custody since 21.07.2025

                      with no criminal antecedent.

                                       5. Learned APP for the State opposed the grant of

                      bail on the ground of allegations made in the First Information

                      Report.

                                     6.        Taking   into    consideration   the    facts   and

                      circumstances and considering that other co-accused persons have

                      already been granted the privilege of regular bail by Co-ordinate

                      Bench of this Court, let the above named petitioner, be released

                      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     A.C.J.M.-XIII,      Vaishali,

                      Hajipur/concerned Court below in connection with Patepur P.S.

                      Case No. 249 of 2025.


                                                               (Soni Shrivastava, J)
anand/-
U       T

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