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Patna High Court

Rohit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                      3/3




                    (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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