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 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
- B.N.S. — s. 309(4), 3(5)
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
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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
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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
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