Patna High Court
Rohit Soni @ Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
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