Patna High Court
Rohit Sah @ Rohit Kumar SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail is granted to the petitioner subject to the conditions stipulated under Section 438(2) CrPC and Section 482(2) BNS.
Summary
The petitioner, Rohit Sah, sought bail after an FIR was lodged for robbery and related offences under Sections 309(4) and 317(2) of the Bhartiya Nagarik Suraksha Sanhita. He was not originally named in the FIR; his name surfaced solely from the confessional statement of a minor co‑accused, Badal Kumar, with no other incriminating material. The prosecution opposed bail, alleging the petitioner’s involvement and citing two prior criminal cases for which he was already on bail. The Court examined whether the reliance on a co‑accused’s confession sufficed to justify continued detention. Finding the evidence insufficient and noting the statutory provisions for bail, the Court granted bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNS, including a bond, sureties, and compliance directives. The order also imposed conditions for cooperation, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether bail should be granted when the petitioner’s implication rests solely on a co‑accused’s confessional statement.
- Whether the conditions of Section 438(2) CrPC and Section 482(2) BNS are satisfied in the present case.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 309(4), 317(2), 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- bail
- criminal procedure
- confessional statement
- co‑accused
- robbery
- Section 309(4) BNS
- Section 317(2) BNS
- Section 438 CrPC
- Section 482 BNS
- prior criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86785 of 2025
Arising Out of PS. Case No.-154 Year-2025 Thana- JALALGARH District- Purnia
======================================================
Rohit Sah @ Rohit Kumar Sah Son of Dilip Sah @ Dilip Kumar Sah Resident
of village- Mukhtar Chowk Malhariya, PS -Mahalgaon District- Araria
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Md Fazle Karim, Advocate
For the Opposite Party/s : Mr. Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 08-01-2026 Heard Md Fazle Karim, learned counsel for the
petitioner and Mr. Jagdhar Prasad, learned Additional Public
Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Jalalgarh P.S. Case No. 154 of 2025, F.I.R.
dated 27.07.2025 for the offences punishable under Sections
309(4) of the BNS and later on Section 317(2) of BNS was
added.
3. As per the First Information Report, the informant
alleged that on 26.07.2025 at around 7:10 PM four unknown
persons on two bike armed with weapons came and looted his
laptop, two mobiles, cash of Rs.12,000/- and purse.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. Initially the petitioner was not named in the FIR
Patna High Court CR. MISC. No.86785 of 2025(2) dt.08-01-2026
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and his name transpired on the basis of confessional statement
of minor co-accused person, namely, Badal Kumar and except
the confessional statement of co-accused person, no other
cogent material has come during investigation which suggest the
involvement of the petitioner in the present occurrence.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that from bare perusal of paragraph-3 of the bail
petitioner it appears that the petitioner is involved in the present
crime in question and apart from that the petitioner carries two
criminal antecedents other than the present one but fairly
submits on the basis of paragraph-3 of the bail application that
the petitioner is on bail in the said pending matters.
6. Considering the aforesaid facts and circumstances,
petitioner is not named in the FIR and his name transpired on
the basis of confessional statement of minor co-accused person,
let the petitioner, above named, in the event of arrest or
surrender before the court below within a period of thirty days
from the date of receipt of the order, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
C.J.M., Purnea in connection with Jalalgarh P.S. Case No. 154
Patna High Court CR. MISC. No.86785 of 2025(2) dt.08-01-2026
3/3
of 2025, subject to the conditions as laid down under Section
438(2) of the Code of Criminal Procedure / Section 482(2) of
the Bhartiya Nagarik Suraksha Sanhita and with other following
conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below 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 court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bond in terms of the above-mentioned order shall
not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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