Patna High Court
Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioner subject to a Rs 10,000 bond, two sureties and surrender within eight weeks, under Section 482 of the Bhartiya Nagrik Suraksha Sanhita.
Summary
The petitioner, Rohit Kumar, sought bail fearing arrest in a case registered under multiple offences of the Bhartiya Nyaya Sanhita. The FIR alleged that co‑accused Amit Kumar assaulted an informant with an iron rod and that Umesh Rai and Ganesh Rai stole a gold chain and cash, while the petitioner was only alleged to have struck the informant’s car with a lathi, with no specific overt act attributed to him. The State opposed the bail application. The Court examined whether the allegations against the petitioner justified denial of bail and considered the statutory provision under Section 482 of the Bhartiya Nagrik Suraksha Sanhita. Finding the petitioner's involvement minimal and the case facts not warranting continued detention, the Court ordered bail on the condition of a Rs 10,000 bond and two sureties, to be surrendered within eight weeks. The order was pronounced by Justice Prabhat Kumar Singh.
Issues considered
- Whether the petitioner is entitled to bail despite the FIR containing multiple serious offences.
- Whether the allegations against the petitioner constitute sufficient grounds for denial of bail under the applicable statutes.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita — s. 482
- Bhartiya Nyaya Sanhita — s. 109, 115(2), 126(2), 303(2), 308(3), 324(4), 324(5), 3(5)
Subjects
- bail
- criminal procedure
- section 482
- Bhartiya Nyaya Sanhita
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8458 of 2026
Arising Out of PS. Case No.-455 Year-2025 Thana- GARKHA District- Saran
======================================================
Rohit Kumar S/o Umesh Rai Resident of village- Khoripakar, Police station-
Garkha, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Mili Kumari
For the Opposite Party/s : Mr.Amitesh Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence under Sections 126(2), 115(2), 308(3),
109, 303(2), 324(4), 324(5) & 3(5) of the Bhartiya Nyaya
Sanhita.
3. Learned counsel for the petitioner submits that as
per F.I.R., co-accused Amit Kumar assaulted on the head of
informant with iron rod and co-accused Umesh Rai & Ganesh
Rai snatched gold chain worth Rs. 5 Lakhs from informant’s
neck & cash of Rs. 50,000/- from his pocket. So far as this
petitioner is concerned, he is only alleged to have hit
informant’s car with lathi. There is absolutely no specific overt
act against this petitioner.
Patna High Court CR. MISC. No.8458 of 2026(2) dt.23-02-2026
2/2
4. Learned A.P.P. for the State has opposed the bail
petition.
5. In the facts and circumstances of the case, let the
above named petitioner, in the event of arrest/surrender within a
period of eight weeks from today, be enlarged on bail on
furnishing bail-bonds of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Judicial Magistrate 1st Class, Saran at Chapra / concerned Court
in connection with Garkha P.S. Case No. 455 of 2025, subject to
condition as laid down under Section 482 of the Bhartiya Nagrik
Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
anay
U T
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