Patna High Court
Rohi Kumar @ GohiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The bail petition was dismissed as no fresh ground was shown to justify overturning the earlier denial.
Summary
Rohi Kumar was arrested in connection with a case involving murder (Sec. 302 IPC), abetment of murder (Sec. 201 IPC), conspiracy (Sec. 34 IPC), kidnapping (Sec. 364 IPC), rape (Sec. 376 IPC) and an offence under Sec. 6 of the POCSO Act. The petitioner had earlier been denied regular bail by the Patna High Court. He filed a fresh bail petition, claiming he had been in judicial custody since 6 February 2024 without justification. The State opposed the bail, and the court observed that the trial was still at the evidence stage with no witnesses examined and that there were no new grounds to revisit the earlier decision. Consequently, the court rejected the bail application, directing the lower court to complete the trial within five months and permitting the petitioner to renew his bail plea if the trial is not concluded within that period.
Issues considered
- What is the appropriate bail jurisprudence for a petitioner charged with serious offences such as murder, kidnapping, rape and a POCSO violation at the evidentiary stage of trial?
- Whether any fresh ground exists to merit a reconsideration of the earlier bail denial.
Legislation cited
- Indian Penal Code — s. 201, 302, 34, 364, 376
- Protection of Children from Sexual Offences Act — s. 6
Subjects
- bail
- murder
- kidnapping
- rape
- POCSO
- serious offences
- evidence stage
- trial delay
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87156 of 2025
Arising Out of PS. Case No.-8 Year-2024 Thana- AKBARNAGAR District- Bhagalpur
======================================================
Rohi Kumar @ Gohiya S/o Lakhan Rishidev @ Lakhan Risidev R/o Village-
Harinagar, P.S.- Akbarnagar, Dist.- Bhagalpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. xxxx S/o Late Jyotish Manjhi R/o Village- Gangania (Fatehpur), P.S.-
Sultanganj, Dist.- Bhagalpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajive Ranjan Singh, Advocate
For the Opposite Party/s : Mr. Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
5 15-05-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Akbarnagar P.S. Case No. 8 of 2024 instituted for the offences
under Sections 302, 201, 34 of the Indian Penal Code and the
charge-sheet has been submitted under Sections 364, 376 of the
IPC and Section 6 of the POCSO Act.
3. Earlier, vide order dated 29.10.2024 passed in Cr.
Misc. No. 54495 of 2024, regular bail of the petitioner was
rejected by this Court considering the nature and gravity of
offence as also materials available against the petitioner in the
case diary.
Patna High Court CR. MISC. No.87156 of 2025(5) dt.15-05-2026
2/2
4. In compliance of the order dated 09.01.2026 a report
dated 17.01.2026 with regard to the present stage of trial has
been received. From perusal of the aforesaid report, it appears
that the case is at the stage of evidence and there are seven
charge-sheeted witnesses but none of them have been examined.
5. Learned counsel for the petitioner submits that the
petitioner is languishing in judicial custody since 06.02.2024
without any rhymes or reason.
6. Learned APP for the State opposes the prayer for
grant of bail.
7. There is no fresh ground to consider the bail petition
of the petitioner.
8. In view of the above, the prayer for bail of the
petitioner is again rejected with a direction to the court below to
expedite the trial and conclude the same expeditiously
preferably within a period of five months from today. If the trial
is not concluded within the period of five months, as stated
above, the petitioner will be at liberty to renew his prayer before
the court below.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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