Patna High Court
Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that in the absence of any incriminating material against the petitioner and considering the period of custody and precedent of bail to a co-accused, bail should be granted subject to conditions under Section 480(3) of the B.N.S.S.
Summary
The petitioner, Rohit Kumar, was implicated in a theft of cash, ornaments and a laptop based solely on the confessional statement of a co-accused, with no material recovered from him. He applied for bail under Sections 331(4) and 305(a) of the B.N.S., 2023, having been in custody since 18 March 2025 and facing multiple other cases. The State argued that he is a habitual offender, while the petitioner contended lack of evidence and cited a similar bail order granted to another co-accused. The court considered the absence of incriminating material, the length of custody, the submission of the chargesheet, and the precedent of bail to a co-accused. Accordingly, the court directed his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 480(3) of the B.N.S.S. and other procedural requirements.
Issues considered
- Whether bail should be granted to the petitioner despite being a habitual offender and facing multiple pending cases
- Whether the confessional statement of a co-accused alone suffices to justify continued detention
Legislation cited
- B.N.S., 2023 — s. 305(a), 331(4)
- B.N.S.S. — s. 480(3)
Subjects
- bail
- theft
- habitual offender
- confessional statement
- chargesheet
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84392 of 2025
Arising Out of PS. Case No.-22 Year-2025 Thana- PATLIPUTRA District- Patna
======================================================
Rohit Kumar S/o Mukesh Das, Resident of Village- Lala Toli (Hansraj Ki
Dehri) Noon Ka Chauraha, P.S- Khajekala, Distt.- Patna.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Raju Kumar, Advocate
Mr. Shubham Samrat, Adv. [AUIN-104922]
For the State : Mr. Bharat Lal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in
connection with Patliputra P.S. Case No. 22 of 2025 dated
13.01.2025, registered for the offences punishable under
Sections 331(4) and 305(a) of the B.N.S., 2023.
3. As per the prosecution case, a theft was
committed in the house of the informant and the thieves
decamped with cash of Rs. 1,00,000/-, ornaments worth Rs.
14,80,000/- and a laptop worth Rs. 30,000/-. The name of the
petitioner transpired during investigation for being involved in
the theft.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner has falsely been implicated in
Patna High Court CR. MISC. No.84392 of 2025(3) dt.11-02-2026
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the present case. Nothing incriminating has been recovered from
person or possession of the petitioner. The name of the
petitioner sprung up in the present case on the basis of
confessional statement of the co-accused person, namely Golu
Kumar Sinha, and except for the said confessional statement,
there is no material on record showing the complicity of the
petitioner in the alleged occurrence. A similarly situated co-
accused person, namely Ravi Kumar has been granted bail by a
learned co-ordinate Bench of this Court vide order dated
13.01.2026 passed in Cr. Misc. No. 90184 of 2025. Learned
counsel next submits that petitioner is having antecedent of 11
cases and chargesheet has been submitted. Learned counsel
lastly submits that petitioner is in custody since 18.03.2025.
5. Learned A.P.P. appearing on behalf of the State
opposes the submissions made on behalf of the petitioner and
submits that petitioner appears to be a habitual offender and is
accused in similar type of a number of cases.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
period of custody of the petitioner and submission of
chargesheet, the petitioner, above-named, is directed to be
released on bail, on furnishing bail bonds of Rs.10,000/-
Patna High Court CR. MISC. No.84392 of 2025(3) dt.11-02-2026
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(Rupees Ten Thousand Only) with two sureties of the like
amount each to the satisfaction of learned Additional Chief
Judicial Magistrate-X, Patna / concerned Court, in connection
with Patliputra P.S. Case No. 22 of 2025, subject to the
condition laid down under Section 480(3) of the B.N.S.S. and
other following 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 by the court below, if so required by the learned
trial Court.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the Court concerned.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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