Patna High Court
Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that bail should be granted to the petitioner.
Summary
Rohit Kumar was arrested in connection with a joy‑firing incident at a marriage during which a person was shot dead. He was charged under Sections 103(1) read with 3(5) of the B.N.S., 2023 and Sections 25(1‑b)A, 26, 27 and 35 of the Arms Act. The petitioner pleaded innocence, arguing that the allegations were vague, no incriminating material was recovered from him, and he had a clean antecedent. The State opposed bail, but the court noted the lack of specific evidence, the submission of the chargesheet, and the petitioner’s custody period. Consequently, the court granted bail on a Rs.10,000 bond with two sureties and imposed conditions under Section 480(3) of the B.N.S., 2023.
Issues considered
- What is the adequacy of the evidence against the petitioner to justify denial of bail?
- Whether the petitioner is entitled to bail under Section 480(3) of the B.N.S., 2023 given the nature of the offences and his clean antecedent.
Legislation cited
- Arms Act — s. 25(1-b)A, 26, 27, 35
- B.N.S., 2023 — s. 103(1), 3(5), 480(3)
Subjects
- bail
- Arms Act
- B.N.S. 2023
- joy firing
- clean antecedent
- Section 480(3)
- suspicions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9035 of 2026
Arising Out of PS. Case No.-355 Year-2025 Thana- SHIVSAGAR District- Rohtas
======================================================
Rohit Kumar Son of Vijay Bahadur Singh, Resident of Village - Thanua, P.S. -
Shivsagar, Dist. - Rohtas at Sasaram.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dharmendra Kumar Singh, Advocate
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in
connection with Shivsagar P.S. Case No. 355 of 2025 dated
01.12.2025, registered for the offences punishable under
Sections 103(1) read with Section 3(5) of the B.N.S., 2023 and
Sections 25(1-b)A, 26, 27 and 35 of the Arms Act.
3. As per the prosecution case, in a case of joy
firing during marriage, one person received gunshot wounds and
subsequently succumbed to his injuries. The name of the
petitioner came up as one of the person who was involved in
this firing.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner is innocent and he has falsely
Patna High Court CR. MISC. No.9035 of 2026(2) dt.17-02-2026
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been implicated in the present case merely on the basis of
suspicion and except suspicion, there is no cogent material to
show the complicity of the petitioner in the alleged occurrence.
Nothing incriminating has been recovered from person of
possession of the petitioner. The allegations levelled agaisnt him
are general and non-specific. 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 02.12.2025.
5. Learned A.P.P. appearing on behalf of the State
opposes the submissions made on behalf of the petitioner.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering
vague and non-specific nature of allegation against the
petitioner and further considering his clean antecedent, his
period of custody 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 Chief Judicial Magistrate, Sasaram at Rohtas /
concerned Court, in connection with Shivsagar P.S. Case No.
355 of 2025, subject to the condition laid down under Section
Patna High Court CR. MISC. No.9035 of 2026(2) dt.17-02-2026
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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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