Patna High Court
Rohit Kumar @ Rohit Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
The petitioner, Rohit Kumar, was arrested in connection with a robbery and assault case (Nirmali P.S. Case No. 26 of 2025) under Section 309(6) of the B.N.S. The prosecution alleged that the petitioner was part of a gang that intercepted an informant, assaulted him, and stole money and a mobile phone. The petitioner contended that he was falsely implicated, that there was no material evidence against him apart from a co-accused's confession, and that another co-accused had already been released on bail. The State opposed bail, citing the seriousness of the offence and the petitioner’s alleged criminal antecedents. The court, after considering the lack of direct evidence and the bail of the co-accused, ordered the petitioner’s release on bail with a Rs.10,000 bond and two sureties, subject to several conditions including attendance before the trial court and verification of antecedents.
Issues considered
- Whether the petitioner is entitled to bail under Section 309(6) of the B.N.S. despite the allegations of robbery and assault
- Whether the absence of direct evidence and the bail granted to a co-accused justify granting bail to the petitioner
Legislation cited
- B.N.S. — s. 309(6)
Subjects
- bail
- Section 309(6)
- B.N.S.
- robbery
- assault
- criminal antecedents
- surety
- trial court attendance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82372 of 2025
Arising Out of PS. Case No.-26 Year-2025 Thana- NIRMALI District- Supaul
======================================================
Rohit Kumar @ Rohit Kumar Yadav S/o- Late Jagdhar Yadav @ Yogdhar
Yadav Resident of Village- Mahua Ward No. 01, P.S- Nirmali, District-
Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kamal Kishore Singh, Advocate
For the Opposite Party/s : Mr. Uday Chand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 05-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Nirmali P.S. Case No. 26 of 2025 dated 17.02.2025 registered
for the offences under Sections 309(6) of the B.N.S.
3. As per the prosecution case the informant while
returning to Nirmali via Mahua after collecting a sum of Rs.
32,900/- was intercepted by four persons riding on two
motorcycles. It has been alleged that the miscreants not only
assaulted the informant but also snatched away the collected
amount and the mobile phone of the informant.
4. Learned counsel for the petitioner has submitted
that the petitioner has falsely been implicated in this case only
Patna High Court CR. MISC. No.82372 of 2025(2) dt.05-01-2026
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because he carries a long list of antecedents of similar nature. It
has been submitted that apart from the confession of a co-
accused no other material has been collected in order to show
the complicity of the petitioner in the present case. It has further
been submitted that no recovery has been made from the
conscious possession of the petitioner and till date no TIP has
been conducted. It has lastly been submitted that co-accused
namely Laltu Yadav @ Surendra Yadav @ Surendra Kumar
Yadav @ Surendra Kumar has been enlarged on bail by a co-
ordinate Bench of this Court vide order dated 08.10.2025 passed
in Cr. Misc. No. 46520 of 2025.
5. The petitioner is in custody since 15.03.2025 in this
case.
6. Learned APP has vehemently opposed the prayer
for bail of the petitioner.
7. Considering the aforesaid facts and circumstances
of the case the petitioner is directed to be released on bail on his
furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Judicial Magistrate 1st Class, Birpur at Supaul in
connection with Nirmali P.S. Case No. 26 of 2025 subject to the
following terms and conditions:
Patna High Court CR. MISC. No.82372 of 2025(2) dt.05-01-2026
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(i) One of the bailors will be a close relative of the
petitioner;
(ii) the petitioner will remain present on each and
every date fixed, if so required by the learned Trial Court;
(iii) in case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bonds of the petitioner
will liable to be cancelled by the Court concerned;
(iv) the trial court shall verify the criminal antecedent
of the petitioner and in case at any stage, it is found that the
petitioner has concealed his criminal antecedent, the trial court
shall take step for cancellation of bail bonds of the petitioner.
However, the acceptance of bail bonds in terms of the above
mentioned order shall not be delayed for purpose of the same on
in the name of verification.
(v) the petitioner is directed to appear before the SSP,
Siwan fortnightly to mark his attendance.
8. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
krishna/-
U T
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