Patna High Court
Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to specified conditions.
Summary
Rohit Kumar was arrested on 18 March 2025 in connection with a theft case (Patliputra P.S. Case No. 572 of 2024) under Sections 331(4) and 305(a) of the B.N.S. He was not named in the FIR; his name surfaced only through the confessional statement of co‑accused Golu Kumar Sinha, and no incriminating material was recovered from his premises. The petitioner argued that he was falsely implicated and sought bail, while the State highlighted his antecedent of eleven other cases, six of which he was already on bail. The Court examined the lack of direct evidence in the FIR, the reliance on a co‑accused’s confession, and the petitioner’s criminal history, and decided to grant bail on a cash bond of Rs 10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented without delay for verification.
Issues considered
- Whether bail should be granted when the accused is not named in the FIR and is implicated solely on the basis of a co‑accused’s confessional statement
- Whether the petitioner’s prior criminal antecedents justify denial of bail
Legislation cited
- B.N.S. — s. 305(a), 331(4)
Subjects
- bail
- criminal procedure
- FIR
- confessional statement
- prior criminal antecedents
- Section 331
- Section 305
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91529 of 2025
Arising Out of PS. Case No.-572 Year-2024 Thana- PATLIPUTRA District- Patna
======================================================
Rohit Kumar S/O Mukesh Das Resident of Village- Lala Toli (Hansraj Ki
Dehri) Noon Ka Chauraha, P.S- Khajekala, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raju Kumar, Advocate
For the State : Mr. Bharat Lal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 13-01-2026 Heard Mr. Raju Kumar, learned counsel for the
petitioner and Mr. Bharat Lal, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
18.03.2025, in connection with Patliputra P.S. Case No. 572 of
2024, F.I.R. dated 20.12.2024 registered for the offences
punishable under Sections 331(4), 305(a) of the B.N.S.
3. The F.I.R. of the occurrence of theft is against
unknown.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. He further submits that the petitioner is not named
in the F.I.R. and the name of the petitioner has been transpired
during investigation on the basis of confessional statement of
co-accused person, namely, Golu Kumar Sinha and petitioner
Patna High Court CR. MISC. No.91529 of 2025(2) dt.13-01-2026
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has been remanded from Patliputra P.S. Case No. 591 of 2024
on 18.03.2025 in the present case and nothing incriminating
article has been recovered from the possession of the house of
the petitioner. He further submits that the police after
investigation submitted chargesheet against the petitioner and
the petitioner is in custody since 18.03.2025.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner and submits that the petitioner carries eleven cases
other than the present one but fairly submits on the basis of
paragraph-3 of the bail petition that out of eleven cases the
petitioner is on bail in six cases.
6. Considering the facts and circumstances of the case
and fact that the petitioner is not named in the F.I.R. and the
name of the petitioner has been transpired on the basis of
confessional statement of co-accused person, let the petitioner,
above named, be released on bail on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned A.C.J.M. X, Patna in
connection with Patliputra P.S. Case No. 572 of 2024, subject to
the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
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properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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