Patna High Court
Rohit Kumar @ Rohit Ray @ KalluversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner with conditions, finding insufficient grounds to deny bail despite the State's objections.
Summary
The petitioner, Rohit Kumar, was arrested in connection with a robbery under Section 392 of the Indian Penal Code, wherein a victim was robbed at gunpoint on 3 April 2024. The petitioner claims he was falsely implicated, arguing that his name was derived solely from a co-accused's confessional statement and that no material was recovered from him. The State opposed bail, contending that the petitioner had confessed and has eight prior criminal convictions. The court examined the custody period, the submission of the charge sheet, and the lack of direct evidence linking the petitioner to the crime. Considering these factors, the court decided to grant bail with a bond of Rs. 15,000 and two sureties, subject to conditions including family surety and regular appearance in court. The bail order was issued pending framing of charges, if not already done.
Issues considered
- Whether bail should be granted to the petitioner despite his criminal antecedents and alleged confession.
- Whether the confessional statement of a co-accused provides sufficient basis to implicate the petitioner.
- Whether the petitioner’s right to bail is justified given the nature of the offence under Section 392 IPC.
Legislation cited
- Indian Penal Code — s. 392
Subjects
- bail
- robbery
- Section 392 IPC
- criminal antecedents
- confessional statement
- false implication
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77689 of 2025
Arising Out of PS. Case No.-171 Year-2024 Thana- MAHUA District- Vaishali
======================================================
Rohit Kumar @ Rohit Ray @ Kallu S/O Rajeev Ray @ Rajeev Ranjan
Resident of Village- Bhadwas Ward No. 03, P.S.- Mahua, Distt.- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shanti Bhushan Singh, Advocate
For the Opposite Party/s : Mr. Nand Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 03-02-2026 Heard learned counsel for the petitioner and learned APP
for the State. Perused the case diary.
2. The petitioner seeks bail in connection with Mahua
P.S. Case No. 171 of 2024 instituted for the offence under
Section 392 of the Indian Penal Code.
3. The prosecution case, in short, is that on
03.04.2024 at about 6:45 P.M., while the informant was
returning home after closing his Aadarsh Electronics shop at
Panchmukhi Chowk, Mahua, he was intercepted near Kariyo
Chaur bridge by three persons riding an Apache motorcycle.
One accused kicked his motorcycle, snatched Rs. 20,000/- and
his mobile phone at gunpoint, and another fled away with the
informant’s motorcycle towards Kariyo village, whereafter the
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police were informed.
4. It has been submitted on behalf of the petitioner
that the petitioner is in custody since 13.08.2025. Petitioner
bears eight (8) criminal antecedents, as per disclosure made in
paragraph No. 3 of the bail application.
5. It has been further submitted by the petitioner’s
counsel that petitioner has been falsely implicated in the present
case. Petitioner is not named in the FIR. Name of the petitioner
has transpired on the basis of confessional statement of co-
accused, namely, Sanoj Kumar, and the same has no evidentiary
value in the eye of law. Petitioner was not even put on T.I.
Parade to ascertain his complicity in the alleged occurrence.
Nothing has been recovered from the conscious possession of
the petitioner. Charge sheet has already been submitted in this
case.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner. It is
submitted that petitioner has confessed his guilt in his
confessional statement.
7. Considering the aforesaid facts and circumstances
of the case, period of custody of the petitioner and charge sheet
being submitted, this Court is inclined to grant bail to the
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petitioner.
8. Let the petitioner be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- (Fifteen Thousand) with two sureties of the like
amount each to the satisfaction of Court below/concerned Court
in connection with Mahua P.S. Case No. 171 of 2024 , subject to
the following conditions:
(I) One of the bailors shall be own/close member of the
family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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