Patna High Court
Rohit Kumar@MandanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to a cash bond and specific conditions.
Summary
Rohit Kumar was arrested on 23 July 2025 in connection with FIR dated 19 July 2025 alleging that he fired at the husband of an informant, causing a gunshot injury. He faces charges under Sections 191(2), 190, 329(3), 115(2), 109 of the B.N.S. and Section 27 of the Arms Act. The petitioner contended that he was falsely implicated due to a prior political rivalry and pleaded innocence. The State opposed bail, noting the seriousness of the offences and that the petitioner has two other pending cases, one of which is already on bail. The High Court, after considering the facts, granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation with the trial, non‑tampering with evidence or witnesses, and verification of criminal antecedents.
Issues considered
- What is the appropriateness of granting bail to the petitioner given the nature of the offences under the B.N.S. and the Arms Act and the existence of other pending cases?
Legislation cited
Subjects
- bail
- criminal procedure
- Arms Act
- false implication
- political rivalry
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78109 of 2025
Arising Out of PS. Case No.-568 Year-2025 Thana- SIWAN CITY District- Siwan
======================================================
Rohit Kumar@Mandan S/o Tarkeshwar Rai R/o- Rampur Kothi,Digad, P.S.-
Bhagwanpur, District- Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anjani Parashar, Advocate
For the Informant : Mr. Harsh Ranuj, Advocate
For the Opposite Party/s : Mr. Mukesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 22-01-2026 Heard Mr. Mr. Anjani Parashar, learned counsel for the
petitioner, Mr. Harsh Ranuj, learned counsel for the Informant and
Mr. Mukesh Kumar Singh, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
23.07.2025, in connection with Siwan (Town) P.S. Case No. 568
of 2025, F.I.R. dated 19.07.2025 registered for the offences
punishable under Sections 191(2), 190, 329(3), 115(2), 109 of the
B.N.S. and Section 27 of the Arms Act.
3. Allegation against the petitioner is of firing upon the
informant's husband due to which he sustained firearm injury.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. He further submits that from perusal of the F.I.R. it
appears that due to previous political rivalry the present
Patna High Court CR. MISC. No.78109 of 2025(3) dt.22-01-2026
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occurrence had taken place. Although, there specific allegation
against the petitioner that he has fired upon the husband of the
informant namely Kamal Kishore Thakur and he has received
injury but the injury report of the injured person suggests that the
injury is simple in nature caused by gunshot injury and the police
after investigation submitted chargesheet against the petitioner and
the petitioner is in custody since 23.07.2025.
5. Learned counsel for the Informant as well as learned
Additional Public Prosecutor for the State has vehemently opposed
the prayer for bail of the petitioner and submits that the petitioner
carries two more cases other than the present one but fairly
submits on the basis of paragraph-3 of the bail petition that out of
two cases, the petitioner is on bail in one case and one case is
pending for consideration before the competent court of law.
6. Considering the facts and circumstances of the case,
let the petitioner, above named, 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 learned
Chief Judicial Magistrate, Siwan in connection with Siwan (Town)
P.S. Case No. 568 of 2025, subject to the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and on
Patna High Court CR. MISC. No.78109 of 2025(3) dt.22-01-2026
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his absence on two consecutive dates without sufficient reason, his
bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move for
cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at any
stage, it is found that the petitioner has concealed his criminal
antecedents, the court below shall take step for cancellation of bail
bond of the petitioner. However, the acceptance of bail bonds in
terms of the above-mentioned order shall not be delayed for
purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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