Patna High Court
Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANJAY KUMAR SINGH
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
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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
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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,
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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.
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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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