Patna High Court
Rohit Singh @ Kumar JaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Rohit Singh, was arrested in connection with the murder of Omkesh Singh, alleged under IPC sections 302, 201 and 34. The prosecution's case rests solely on the statement of a friend, Sumit Kumar Upadhyay, who said the petitioner was with the deceased on the day of his disappearance; no eye‑witness or material evidence directly links the petitioner to the crime. The petitioner contended that he was merely the last person to see the deceased and that there is no proof of his participation in the murder or its concealment. The State opposed bail, citing the seriousness of the offences. The court, after considering the general and omnibus nature of the accusation, the lack of substantive evidence against the petitioner, and the length of his custody, granted bail on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail can be granted to an accused in a murder case (IPC 302) with accompanying charges of abetment of murder (IPC 201) and conspiracy (IPC 34) when the prosecution evidence is limited to a co‑accused's statement.
Legislation cited
- Indian Penal Code — s. 201, 302, 34
Subjects
- bail
- murder
- IPC 302
- abetment of murder
- conspiracy
- criminal procedure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89990 of 2025
Arising Out of PS. Case No.-949 Year-2023 Thana- ARA NAGAR District- Bhojpur
======================================================
Rohit Singh @ Kumar Jai S/o Ajay Singh Resident of village- Ram Nagar
Chandwa, PS- Ara Navada, Distirct- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Shashank Chandra, Advocate
For the State : Mr. Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 13-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 302, 201 and 34 of the Indian
Penal Code.
3. The prosecution case, in brief, is that on 24.11.2023
at about 2 PM, brother of informant, namely Omkesh Singh,
went out with his close friend Sumit Kumar Upadhyaye but did
not return till 10 PM. When informant inquired about the
whereabouts of her brother from Sumit Kumar Upadhyaye, he
disclosed that informant’s brother went to the bank of river with
Buchul Yadav, Rohit Singh (petitioner), Vivek Rai, Sushant
Tiwari and Suraj Yadav. Sumit Kumar Upadhyaye also disclosed
Patna High Court CR. MISC. No.89990 of 2025(4) dt.13-02-2026
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that other persons had sent him to bring bhunja from the other
side of the road but when he returned, he did not find anyone
and their mobile phones were also switched off. Thereafter,
informant and her family members started started searching for
her brother and on the next day, they found blood stained shirt
and slippers of Omkesh. Informant suspects that all the F.I.R.
named accused persons, including this petitioner, committed
murder of her brother and concealed his dead body. It is further
alleged that earlier also, co-accused Buchhul Yadav had
assaulted brother of the informant and threatened to kill him.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has committed no offence.
Informant is not an eye witness to the occurrence and the
present F.I.R. has been lodged only on the basis of disclosure
made by Sumit Kumar Upadhyay and he has only stated that
this petitioner was with the deceased along with other accused
persons. Save and except the same, there is no other material on
record to show the complicity of this petitioner in the alleged
occurrence. At best, it is a case of last seen with the deceased.
Moreover, charge-sheet has already been submitted and
petitioner is in custody since 31.07.2025.
Patna High Court CR. MISC. No.89990 of 2025(4) dt.13-02-2026
3/3
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation and period of
custody, the prayer for grant of bail to the petitioner is allowed.
7. Accordingly, let the above named petitioner 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 learned Principal District and Sessions Judge,
District- Ara at Bhojpur in connection with Ara Nagar P.S. Case
No. 949 of 2023.
(Prabhat Kumar Singh, J)
shashank/-
U T
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