Patna High Court
Rohit Kumar @ Rohit YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner subject to a bail bond of Rs.10,000 with two sureties.
Summary
Rohit Kumar was charged under Sections 310(2) and 126(2) of the BNS for an armed robbery in which a bag containing personal documents and cash was snatched. The petitioner sought regular bail, arguing that only confessional statements of co‑accused and himself linked him to the crime and that no incriminating material was recovered from his possession. The prosecution opposed bail, citing six prior criminal cases against the petitioner. The court noted that a similarly situated co‑accused, Vivek Kumar, had been granted bail in a related case and that the only evidence against the petitioner was the confessional statements. Considering the lack of material evidence and the precedent, the court ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, subject to the satisfaction of the Chief Judicial Magistrate.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seriousness of the offences and his criminal antecedents
- Whether the confessional statements of co‑accused and the petitioner, in the absence of recovered material, are sufficient grounds for bail
- Whether the grant of bail to a similarly situated co‑accused creates a precedent obliging the court to grant bail in the present case
Legislation cited
- BNS — s. 126(2), 310(2)
Subjects
- bail
- criminal procedure
- confessional statement
- antecedent criminal cases
- armed robbery
- section 310
- section 126
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87962 of 2025
Arising Out of PS. Case No.-261 Year-2025 Thana- BARUN District- Aurangabad
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Rohit Kumar @ Rohit Yadav S/O Rambalak Singh @ Ramvalak Singh R/O
Village- Deo Markende, P.S- Karakat, Distt.- Rohtas (Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aman Vishal, Advocate
For the Opposite Party/s : Mr. Vinod Shanker Modi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 12-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 310(2) and
126(2) of the BNS.
3. The case of the prosecution, in short, is that three
unknown miscreants on a bike being armed with pistol snatched
the bag containing Aadhar card, Driving license, mobile phone
and Rs.5,000/- on gun-point.
4. Learned counsel for the petitioner submits that
during course of investigation several accused persons were
apprehended, namely, Shubham Pathak, Anuj Pathak, Bhulan
Kumar, Vivek Kumar, Ramesh Yadav, Jitendra Kumar and
Mithilesh Kumar Singh. They have given their confessional
statement. They have named this petitioner. Learned counsel for
Patna High Court CR. MISC. No.87962 of 2025(2) dt.12-01-2026
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the petitioner has submitted that the petitioner has also given his
confessional statement. Learned counsel further submits that as
far as recovery is concerned, a bike was recovered from one
Jitendra Kumar and mobile was recovered from Bhulan Kumar.
Nothing has been recovered from the possession of this
petitioner. It has also been submitted that save and except the
confessional statement of co-accused and that of petitioner,
there is nothing against the petitioner. Learned counsel for the
petitioner has further submitted that similarly situated co-
accused, namely, Vivek Kumar has been granted bail by this
Court vide Cr. Misc. No. 72290 of 2025. The case of this
petitioner stands on similar footing. Learned counsel for the
petitioner has lastly submitted that the petitioner is in judicial
custody since 25.08.2025.
5. Learned Additional Prosecutor for the State has
vehemently opposed the bail application of the petitioner and
has submitted that the petitioner is having criminal antecedent
of six cases.
6. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
bail in connection with Barun P.S. Case No. 261 of 2025 on
Patna High Court CR. MISC. No.87962 of 2025(2) dt.12-01-2026
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furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Chief Judicial Magistrate, Aurangabad.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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