Patna High Court
Rohit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court allowed the application for anticipatory bail, granting it subject to the stipulated conditions.
Summary
The petitioners, a group of twenty‑one residents of Gorgama village, sought anticipatory bail fearing arrest in connection with Shahkund Police Station Case No. 108 of 2025, which alleged offences under several sections of the Bihar Negotiable Securities Act (B.N.S.) including arson, assault and robbery. The prosecution’s case was based on an informant’s claim that the petitioners, armed with lathis and spears, set a house on fire, assaulted a woman, and injured three persons while looting jewellery and cash. The petitioners contended that the case was fabricated as retaliation for an earlier FIR they had lodged, asserting that the alleged injuries were minor and that they have clean antecedents. The State, represented by the Additional Public Prosecutor, opposed the anticipatory bail. After considering the submissions, the court granted anticipatory bail under Section 438 of the CrPC, subject to conditions including bail bonds, sureties, presence at trial, and verification of criminal antecedents. The order emphasized that any observations made would not affect the trial and that the bail could be cancelled for non‑compliance.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 of the Code of Criminal Procedure in view of the allegations made in FIR No. 108/2025.
- Whether the allegations constitute sufficient ground to deny bail or indicate that the petitioners are falsely implicated.
- Whether the conditions imposed under Section 438(2) and Section 482(2) of the B.N.S. are appropriate.
Legislation cited
- Bihar Negotiable Securities Act — s. 109, 115(2), 126(2), 190, 191(2), 191(3), 303(2), 351(2), 352, 482(2), 76
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 B.N.S.
- false implication
- retaliation
- bail conditions
- Bihar criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9638 of 2026
Arising Out of PS. Case No.-108 Year-2025 Thana- SHAHKUND District- Bhagalpur
======================================================
1. Rohit Kumar Son of Kishor Das Resident of Village -Gorgama Police
Station -Shahkund, Dist- Bhagalpur
2. Anil Das son of Vado Das Resident of Village -Gorgama Police Station
-Shahkund, Dist- Bhagalpur
3. Sanjay Das son of Late Makoo Das Resident of Village -Gorgama Police
Station -Shahkund, Dist- Bhagalpur
4. Mantu Das Son of Late Makko Das Resident of Village -Gorgama Police
Station -Shahkund, Dist- Bhagalpur
5. Santlal Das son of Late Makko Das Resident of Village -Gorgama Police
Station -Shahkund, Dist- Bhagalpur
6. Suraj Das Son of Anil Das Resident of Village -Gorgama Police Station
-Shahkund, Dist- Bhagalpur
7. Pankaj Das son of Late Chullo Das @ Chulay Das Resident of Village
-Gorgama Police Station -Shahkund, Dist- Bhagalpur
8. Ravindra Das Son of Panchu Das Resident of Village -Gorgama Police
Station -Shahkund, Dist- Bhagalpur
9. Amin Das Son of Panchu Das Resident of Village -Gorgama Police Station
-Shahkund, Dist- Bhagalpur
10. Sonu Das @ Sonu Kumar Son of Santlal Das Resident of Village -Gorgama
Police Station -Shahkund, Dist- Bhagalpur
11. Raja Das @ Raja Kumar son of Feko Das Resident of Village -Gorgama
Police Station -Shahkund, Dist- Bhagalpur
12. Lukho Das @ Lakhendra Das Son of late Heera Lal Das @ Heera Das
Resident of Village -Gorgama Police Station -Shahkund, Dist- Bhagalpur
13. Panchu Das Son of Makko Das Resident of Village -Gorgama Police Station
-Shahkund, Dist- Bhagalpur
14. Sainu Das @ Surendra Das Son of Vainu Das @ Vehra Das Resident of
Village -Gorgama Police Station -Shahkund, Dist- Bhagalpur
15. Kishore Das sonof Varharo Das @ Vaunu Das Resident of Village -Gorgama
Police Station -Shahkund, Dist- Bhagalpur
16. Mangal Das Son of Ram Das Resident of Village -Gorgama Police Station
-Shahkund, Dist- Bhagalpur
17. Feko Das son of Ram Das Resident of Village -Gorgama Police Station
-Shahkund, Dist- Bhagalpur
18. Dilip Das Son of Mantu Das Resident of Village -Gorgama Police Station
-Shahkund, Dist- Bhagalpur
19. Monu Das @ Monu Kumar Son of Santlal Das Resident of Village
-Gorgama Police Station -Shahkund, Dist- Bhagalpur
20. Sourav Kumar son of Puran Das Resident of Village -Gorgama Police
Patna High Court CR. MISC. No.9638 of 2026(2) dt.24-02-2026
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Station -Shahkund, Dist- Bhagalpur
21. Karan Kumar Son of Ravindra Das Resident of Village -Gorgama Police
Station -Shahkund, Dist- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dr. Manoj Kumar, Adv.
For the Opposite Party/s : Mrs. Pushpa Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 24-02-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The petitioners apprehend their arrest in connection
with Shahkund P.S. Case No. 108 of 2025 dated 01.07.2025
registered for the offences punishable under Sections 191(2),
191(3), 190, 126(2), 115(2), 76, 109, 303(2), 352 and 351(2) of
the B.N.S.
3. As per the prosecution case, the informant has
alleged that all the named accused persons armed with lathi,
spear and garasa came and order to set the house on fire. When
the informant protested, the accused persons are stated to have
abused her and tore her saree and blouse and also took away the
household items. It is further alleged that the accused persons
with an intention to kill, attacked and injured one Gourav
Kumar, Raman Kumar and Saheb Kumar who received injuries
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on head. It is further stated that jewelleries and cash were taken
by the accused persons.
4. The learned counsel for the petitioners submits that
all the petitioners have falsely been implicated in retaliation to
the earlier case lodged by the petitioners’ side being Shahkund
P. S. Case No. 107 of 2025 lodged on 28.06.2025 on the said
incident. It has further been submitted that in a retaliation to
such lodging of the F.I.R., all the family members i.e. the
present petitioners have falsely been implicated in a concocted
case and an F.I.R. was lodged after six days of the said F.I.R.
lodged by the petitioner no. 2. It has further been submitted that
the said injured persons were examined medically and all these
injuries were found to be simple in nature. It has further been
submitted that no such case as alleged has ever occurred and
only in order to coerce the petitioners into compromising the
earlier case, the present false and concocted case has been
lodged. It has lastly been submitted that the petitioners have
clean antecedent.
5. The learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioners.
6. Considering the aforesaid submissions made by the
parties and taking into account the facts and circumstances of
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the case, the petitioners above named, are directed to be released
on anticipatory bail, in the event of arrest or surrender before the
Court below within a period of four weeks from today, on
furnishing bail-bonds of Rs. 10,000/-(Rupees Ten
Thousand)each with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor court in connection with Shahkund P.S. Case
No. 108 of 2025, subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure read with
corresponding Section 482(2) of BNSS as well as subject to the
following conditions:-
(i) One of the bailors will be a close relative of the
petitioners.
(ii) The petitioners shall remain physically present
before the concerned Court on each and every date of the trial
and shall cooperate in the investigation.
(iii) In case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bonds of the
petitioners will be liable to be cancelled by the Court concerned.
(iv) The trial court shall verify the criminal antecedent
of the petitioners and in case, at any stage, it is found that the
petitioners have concealed their criminal antecedents, the trial
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court shall take necessary steps for cancellation of bail bonds of
the petitioners. 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.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
Gautam/-
U T
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