Created by Fuzzy Cloud

Patna High Court

Rohit Soni @ Rohit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to conditions prescribed under Section 480(3) of the B.N.S.S.

Summary

The petitioner, Rohit Soni, was arrested in connection with the death of the informant's son, whose body was found in a village pond. The informant alleged that the petitioner strangulated his son with a cord from his pants, citing a purported confession obtained on a blank paper. The petitioner contended that there was no eyewitness, the alleged confession was coerced, no pant was recovered, and the post‑mortem indicated death by asphyxia possibly due to drowning while intoxicated. The State and the informant maintained that the petitioner was responsible for the killing. Considering the lack of substantive forensic evidence, the petitioner’s clean antecedent, the submission of the chargesheet, and the period of custody, the Court granted bail with conditions under Section 480(3) of the B.N.S.S.

Issues considered

  • Whether the petitioner is entitled to bail despite the serious nature of the offences under Sections 103(1) and 238 of the B.N.S.
  • Whether the confession obtained on a blank paper is admissible as evidence
  • Whether the available forensic and circumstantial evidence establishes the petitioner’s culpability

Legislation cited

Subjects

  • bail
  • criminal procedure
  • forced confession
  • death by drowning
  • intoxication
  • Section 103
  • Section 238
  • Section 480
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90098 of 2025
                      Arising Out of PS. Case No.-50 Year-2025 Thana- BHUTAHI District- Sitamarhi
                 ======================================================
                 Rohit Soni @ Rohit Kumar S/o Vijay Sah @ Vijay, R/o Village - Bari
                 Singhwahini, P.S - Bhutahi, District - Sitamarhi.
                                                                          ... ... Petitioner
                                                     Versus
                 The State of Bihar
                                                                   ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner        :      Ms. Madhubala Verma, Advocate
                 For the State             :      Mr. Anant Kumar, APP
                 For the Informant         :      Mr. Uday Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

3   20-02-2026                        Heard learned counsel for the petitioner, learned

                   counsel for the informant and learned A.P.P. for the State.

                                      2. In the present case, the petitioner seeks bail in

                   connection with Bhutahi P.S. Case No. 50 of 2025 dated

                   17.06.2025, registered for the offences punishable under

                   Sections 103(1) and 238 read with Section 3(5) of the B.N.S.,

                   2023.

                                      3. As per the prosecution case, the dead body of the

                   son of the informant was found in a village pond and the

                   informant named the petitioner and two other co-accused

                   persons for being involved in causing death of his son.

                                      4. Learned counsel appearing on behalf of the

                   petitioner submits that petitioner is innocent and he has falsely

                   been implicated in the present case. There is no eyewitness to
Patna High Court CR. MISC. No.90098 of 2025(3) dt.20-02-2026
                                            2/3




          the alleged occurrence. The police forcibly took signature of the

          petitioner on a blank paper and used it as his confessonal

          statement inculpating the petitioner, but the said statement has

          no legal sanctity. Though, there is allegation in the FIR that cord

          of pant was used to strangulate the son of the informant, but no

          such pant or trouser was recovered. The post-mortem report

          does not show death due to strangulation, though asphyxia has

          been said to be the cause of death. Learned counsel further

          submits that it has come in the post-mortem itself that the son of

          the informant, petitioner and other co-accused persons

          consumed liquor and in that inebriated condition, the son of the

          informant got drowned. Learned counsel next submits that

          petitioner is having clean antecedent and chargesheet has been

          submitted. Learned counsel lastly submits that petitioner is in

          custody since 18.06.2025.

                          5. Learned A.P.P. appearing on behalf of the State

          as well as learned counsel for the informant oppose the

          submissions made on behalf of the petitioner. Learned counsel

          for the informant submits that son of the informant was

          strangulated by this petitioner with cord of his pant and he

          admitted this fact in panchayat.

                          6. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the
          Patna High Court CR. MISC. No.90098 of 2025(3) dt.20-02-2026
                                                      3/3




                    material available on record about complicity of the petitioner

                    and also considering his period of custody, clean antecedent and

                    submission of chargesheet, the petitioner, above-named, is

                    directed to be released on bail, on furnishing bail bonds of

                    Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of

                    the like amount each to the satisfaction of learned Judicial

                    Magistrate 1st Class, Sitamarhi / concerned Court, in connection

                    with Bhutahi P.S. Case No. 50 of 2025, subject to the condition

                    laid down under Section 480(3) of the B.N.S.S. and other

                    following conditions:

                                    (i) One of the bailors will be a close relative of the

                    petitioner.

                                    (ii) The petitioner will remain present on each and

                    every date fixed by the court below, if so required by the learned

                    trial Court.

                                    (iii) In case of absence on three consecutive dates

                    or in violation of the terms of the bail, the bail bond of the

                    petitioner will be liable to be cancelled by the Court concerned.



                                                                  (Arun Kumar Jha, J)

Shahnawaz/-
U     T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.