Patna High Court
Rohit Kumar @ Rohit Kumar SahversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner with conditions of cooperation and physical presence in court.
Summary
The petitioner, Rohit Kumar, was arrested in connection with a theft of a bike and mobile, alleged to have occurred when three persons on a bike intercepted him. He sought bail for the offence under Section 309(4) of the B.N.S., 2023, claiming innocence and that he was falsely implicated, noting that the only evidence against him was a confessional statement made in a separate case (Andar P.S. Case No. 238 of 2025). The State opposed bail, highlighting the petitioner’s prior criminal antecedent. The court examined the lack of substantive evidence beyond the confessional statement and considered the petitioner’s prolonged pre‑trial detention since 15 September 2025. Weighing the circumstances, the court decided to grant bail, subject to the petitioner’s cooperation with the trial and physical presence on all court dates. The bail was conditioned on a bond of Rs. 10,000 with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the petitioner under Section 309(4) of the B.N.S., 2023 in view of the alleged theft, the confessional statement, and his prior criminal antecedent
Legislation cited
- B.N.S., 2023 — s. 309(4)
Subjects
- bail
- criminal procedure
- Section 309(4)
- confessional statement
- prior criminal antecedent
- theft
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91512 of 2025
Arising Out of PS. Case No.-225 Year-2025 Thana- AANDAR District- Siwan
======================================================
Rohit Kumar @ Rohit Kumar Sah Son of Rajkumar Sah Resident of village-
Faridpur, P.S.-Hussaianganj, District-Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satyendra Rai, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 11-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection with
Andar P.S. Case No. 225 of 2025 registered for the offence
punishable under Section 309(4) of the B.N.S., 2023.
3. The case of the prosecution, in short is that as the
informant was returning from his office and reached near Andar
more, three persons on a bike followed him and intercepted him.
After that, his bike and mobile were snatched.
4. Learned counsel appearing on behalf of the petitioner
has submitted that petitioner is innocent and has committed no
offence. He has been falsely implicated in this case. He also
submits that the petitioner was remanded in this case from Andar
P.S. Case No. 238 of 2025, wherein he has given his confessional
Patna High Court CR. MISC. No.91512 of 2025(3) dt.11-03-2026
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statement that he was also involved in this case as well and in that
case, the said bike was recovered. He also submits that save and
except confessional statement there is nothing against the
petitioner. He further submits that the petitioner is languishing in
judicial custody since 15.09.2025.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner is having criminal
antecedent of one case.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail with the condition that
the petitioner shall cooperate in the trial and shall remain
physically present on each and every date fixed by the learned
trial court. The above named petitioner is directed to be enlarged
on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand
only) with two sureties of the like amount each to the satisfaction
of the learned Judicial Magistrate, 1st Class, Siwan in connection
with Andar P.S. Case No. 225 of 2025.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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