Created by Fuzzy Cloud

Patna High Court

Rohit Kumar @ Rohit Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner with specified conditions.

Summary

The petitioner, Rohit Kumar, applied for bail in a case registered under Sections 309(4) and 3(5) of the B.N.S. for alleged assault and robbery. The prosecution alleged that three persons assaulted a motorist and stole his mobile phone, and the petitioner’s name appeared only in the confessional statement of co‑accused Gaurav Kumar, not in the FIR. The petitioner argued that no incriminating article was recovered from him and that his inclusion was based solely on his prior criminal antecedents. The State opposed bail, citing the seriousness of the offences and the petitioner’s criminal history. The Court, after considering the facts, directed that bail be granted on a Rs 10,000 bond with two sureties, subject to conditions including attendance before the trial court and the SSP, Siwan, and verification of antecedents. The order clarified that any observations made would not affect the trial.

Issues considered

  • Whether the petitioner is entitled to bail despite not being named in the FIR and reliance on a co‑accused’s confessional statement.
  • Whether the petitioner’s prior criminal antecedents justify denial of bail.

Legislation cited

Subjects

  • bail
  • criminal antecedents
  • FIR
  • confessional statement
  • Section 309
  • Section 3
  • Bihar
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.82444 of 2025
                       Arising Out of PS. Case No.-202 Year-2024 Thana- NIRMALI District- Supaul
                 ======================================================
                 Rohit Kumar @ Rohit Kumar Yadav Sonf of Late Jagdhar Yadav @ Yogdhar
                 Yadav Resident of Village - Mahua Ward No. 1, 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 :       Ms. Meena Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   05-01-2026                  Heard learned counsel for the petitioner and the

                   learned APP for the State.

                                2. The petitioner seeks bail in connection with

                   Nirmali P.S. Case No. 202 of 2024 dated 02.11.2024 registered

                   for the offences under Sections 309(4) and 3(5) of the B.N.S.

                                3. As per the prosecution case the informant has

                   alleged that while he was travelling by a motorcycle three

                   persons overtook his motorcycle and stopped and assaulted him

                   with fists and slaps and thereafter they snatched away the

                   mobile phones and fled away.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is not named in the FIR and his name has transpired in

                   the confessional statement of co-accused Gaurav Kumar. It has
Patna High Court CR. MISC. No.82444 of 2025(2) dt.05-01-2026
                                            2/3




          next been submitted that no incriminating article has been

          recovered from the conscious possession of the petitioner and

          merely on the ground that the petitioner carries eight criminal

          antecedents of similar nature he has been made accused in the

          present case. It is lastly submitted that the charge-sheet has

          already been submitted and the petitioner is in custody since

          29.03.2025.

                       5. Learned APP has vehemently opposed the prayer

          for bail of the petitioner.

                       6. Considering the 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, Birpur at Supaul in connection

          with Nirmali P.S. Case No. 202 of 2024 subject to the following

          terms and conditions:

                       (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
            Patna High Court CR. MISC. No.82444 of 2025(2) dt.05-01-2026
                                                        3/3




                      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.

                                   7. 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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.