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Patna High Court

Rohit Kumar@MandanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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
                                                           3/3




                         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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