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Patna High Court

Rohit KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that the petitioner is entitled to bail.

Summary

Rohit Kumar was arrested in connection with a theft case (PS case no.389 of 2025) alleging that he possessed a stolen motorcycle. The informant claimed the motorcycle recovered from Rohit had a different engine and chassis number than the one described in the FIR, suggesting a possible false implication. Rohit applied for bail, arguing innocence and that the police had recovered a different vehicle, while the State did not appear to contest the application. The court noted that the investigation was complete, the charge‑sheet filed, and there was no risk of witness tampering, flight, or misuse of liberty, especially given the heavy docket and lack of material indicating danger to justice. Consequently, the court concluded that bail could be granted without delving into the merits of the case. The bail was ordered on a bond of Rs. 25,000 with standard conditions and the trial was directed to proceed expeditiously.

Issues considered

  • Whether bail should be granted to the petitioner pending trial for offences under Sections 303(2), 317(2), 317(5) of the B.N.S.
  • Whether there is a likelihood of the petitioner fleeing, tampering with evidence, or influencing witnesses.
  • Whether the discrepancy between the motorcycle recovered and the one described in the FIR affects the bail decision.

Legislation cited

  • B.N.S. — s. 303(2), 317(2), 317(5)

Subjects

  • bail
  • criminal procedure
  • theft
  • motor vehicle
  • false implication
  • Section 303
  • Section 317
  • Bihar
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91325 of 2025
                     Arising Out of PS. Case No.-389 Year-2025 Thana- KAUWAKOL District- Nawada
                 ======================================================
                 Rohit Kumar Son of Jaypraksh Turiya R/o Village - Lalpur, P.S.- Kawakol,
                 District - Nawada.

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Pramod Kumar Verma, Adv.
                 For the Opposite Party/s :      Mr.Mohammed Arif, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR SINGH
                                       ORAL ORDER

2   15-01-2026               1.By means of this bail application, petitioner, who is

                   involved in connection with Kawakole PS case no.389 of 2025

                   registered for the offences under Sections 303(2), 317(2), 317(5)

                   of B.N.S. seeks enlargement on bail during the pendency of

                   trial.

                             2.On the matter being taken up, learned counsel for the

                   petitioner is present but none appears on behalf of the State

                   whereas name of Mr. Mohammed Arif, learned A.P.P. is shown

                   in the cause-list, hence this Court has no option but to hear the

                   argument of learned counsel for the petitioner and decide this

                   bail application after perusing the material on record.

                            3. Heard the learned counsel for the petitioner.

                            4. The prosecution case in brief is that the informant had

                   parked his motorcycle on 17.09.2025 in front of the shop of one
Patna High Court CR. MISC. No.91325 of 2025(2) dt.15-01-2026
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          Rajendra Vishwakarma and was getting his tractor repaired.

          Later on, the motorcycle was not found at that place and he

          came to know that Rohit Kumar (petitioner) was seen with the

          motorcycle. It is alleged that on 18.09.2025, when he was going

          to the house of petitioner for inquiring about his motorcycle,

          then the petitioner told him that he was in possession of his

          stolen motorcycle. On the basis of the same, F.I.R. was

          registered.

                  4.It is argued by learned counsel for the petitioner that

          petitioner is innocent and he has been falsely implicated in this

          case due to ulterior motive. It is submitted that the police after

          showing the recovery of one motorcycle from the possession of

          petitioner, implicated him in the present case. Much emphasis

          has been given by contending that the motorcycle which was

          recovered by the police bears Engine No. HA11EDHHC47009,

          Chassis No.-MBLHAW120MHC25452, whereas F.I.R. was

          lodged with regard to different motorcycle bearing Engine No.-

          A11ESPHF84445,              Chassis       No.-MBLHAW234PHFC0996,

          which is registered in the name of informant’s sister-in-law Puja

          Kumari wife of Pawan Kumar and till date the said motorcycle

          of the informant has not been recovered by the police. The

          petitioner, has criminal history of six cases in which he is on
Patna High Court CR. MISC. No.91325 of 2025(2) dt.15-01-2026
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          bail. Averments in this regard have been mentioned in paragraph

          no.3 of the bail application. Several other submissions in order

          to demonstrate the falsity of the allegations made against the

          petitioner have also been placed forth before the Court. Lastly, it

          is submitted that petitioner is languishing in jail since

          19.09.2025 and in case he is released on bail, he will not misuse

          the liberty of bail and cooperate with the trial.

                  5.Having heard the submissions of learned counsel for the

          parties and perused the record, I find that the motorcycle in

          question, regarding which F.I.R. was lodged has not been

          recovered by the police. The investigation has been completed

          and charge-sheet has been submitted against the petitioner. Now

          there is no possibility of tampering with the witnesses. Due to

          heavy docket of the cases, the possibility of conclusion of trial

          of the petitioner in near future is very bleak. There is no chance

          of the petitioner, of fleeing away from the judicial process or

          tampering with the prosecution evidence. As on date there is no

          material on record to presume that there is danger, of course, of

          justice being thwarted by grant of bail to the petitioner.

                  6.In view of the above, without entering into merit of the

          case, keeping in view the nature of the offence, evidence,

          severity     of    punishment,          complicity   of   the   petitioner,
Patna High Court CR. MISC. No.91325 of 2025(2) dt.15-01-2026
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          submissions of the learned counsel for the parties made at the

          bar and reasons as noted above, this Court is of the opinion that

          the petitioner is liable to be released on bail.

                  7.Accordingly, the bail application of the petitioner stands

          allowed.

                  8.Let the petitioner namely Rohit Kumar be released on

          bail in the aforesaid case on furnishing bail bond of Rs. 25,000/-

          (Rupees Twenty Five Thousand only) with two sureties each in

          the like amount to the satisfaction of the Court concerned with

          the following conditions:-

                  (i) That the petitioner shall cooperate with the expeditious

          disposal of the trial and shall regularly attend the Court unless

          inevitable. Two consecutive default in putting appearance shall

          lead to an action towards cancellation of the bail bond of the

          petitioner.

                  (ii) That the petitioner shall not directly or indirectly

          make any inducement, threat or promise to any person

          acquainted with the facts of the case so as to dissuade him from

          disclosing such facts to the Court or to any police officer or

          tamper with the evidence.

                  (iii) That the petitioner shall not directly or indirectly

          involve in any criminal activity after being released on bail.
            Patna High Court CR. MISC. No.91325 of 2025(2) dt.15-01-2026
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                              (iv) In case, at any stage it is found that the petitioner has

                      disclosed his incomplete criminal history before this Court,

                      learned Court below shall cancel the bail bonds of the petitioner

                      after hearing him and getting satisfied that the petitioner has

                      concealed his criminal antecedents despite his knowledge of the

                      same.

                              (v) In case, it is brought to the notice of the Court below

                      that statement regarding previous bail petition is wrong, learned

                      Court below shall cancel the bail bonds of the petitioner.

                              9.It is clarified that anything said in this order is limited to

                      the purpose of determination of this bail application and will in

                      no way be construed as an expression on the merits of the case.

                      The trial court shall be absolutely free to arrive at its

                      independent conclusions on the basis of evidence led unaffected

                      by anything said in this order.

                                   10.The trial Court shall make an endeavour to

                      conclude the trial of the petitioner expeditiously without

                      granting unnecessary adjournment to either of the parties.



                                             (Sanjay Kumar Singh , J)
pallavi/-

U       T


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