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Patna High CourtCR. MISC./27371/2026bail granted

Rohit Kumar v. The State Of Bihar

2026-06-17Mr. Justice Sourendra Pandey4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27371 of 2026 Arising Out of PS. Case No.-153 Year-2025 Thana- GOH District- Aurangabad ====================================================== Rohit Kumar, S/o Narendra Paswan @ Narendra Kumar, R/o Village - Bhurkunda, P.S - Goh, District - Aurangabad ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shailesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Abhay Kumar, APP For the Informant :

Mr. Ashok Kr. Karna, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 17-06-2026 Heard the learned counsel for the petitioner, the learned A.P.P. for the State and the learned counsel appearing on behalf of the informant.

2. The petitioner is apprehending his/her arrest in connection with Goh P.S. Case No. 153 of 2025, registered for the offence(s) under Section(s) 191(2), 191(3), 190, 189(6), 115(2), 109(1), 352, 351(2), 324(4), 126(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (B.N.S.).

3. As per the prosecution case, the allegation against the petitioner is that he along with 22 other named accused persons and 20-25 unknown, surrounded the house of the informant and threatened with dire consequences as demand of extortion was not being paid. It is also alleged that the mob

2/4 damaged the vehicle parked outside the house of informant.

4. The learned counsel for the petitioner submits that as far as the demand of extortion is concerned, it is not against the petitioner but against the other co-accused persons and the rest of allegations are general and omnibus in nature against altogether around more than 50 persons. It has further been submitted that the petitioner has been falsely implicated in this case merely because he carries three criminal antecedents of similar nature. It has been lastly submitted that similarly situated co-accused Birendra Paswan @ Birendra Kumar has been granted bail by a co-ordinate bench of this court vide order dated 10.12.2025, passed in Criminal Miscellaneous No. 81554 of 2025. It has lastly been submitted that the petitioner has a criminal antecedent in which he is on bail.

5. The learned APP for the State as well as learned counsel appearing for Department of Mines have vehemently opposed the prayer for grant of anticipatory bail to the petitioner and submitted that the petitioner was involved in unlawful activities and had threatened the informant with dire consequences.

6. Considering the aforesaid facts and circumstances of the case and the submissions advanced on behalf of the

3/4 parties, let the petitioner, above-named, be released on anticipatory bail, in the event of his/her arrest or surrender before the concerned Court/successor Court within a period of four weeks from today, on his/her furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court/successor Court where the case is pending in connection with Goh P.S. Case No. 153 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 read with corresponding Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (B.N.S.S.) as well as subject to the following conditions :

(i) One of the bailors of the petitioner shall be his/her close relative and the other shall be a local resident.

(ii) The petitioner 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 for two consecutive occasions or in violation of the terms of the bail, the bail bonds of the petitioner will be liable to be cancelled by the concerned Court.

(iv) In view of the antecedents of the petitioner, the petitioner is directed to appear before the concerned Superintendent of Police within fifteen (15) days of his/her release with a copy of this order and every two weeks thereafter for the next nine months. The conduct of the petitioner will be kept under watch in this period by the

4/4 concerned Superintendent of Police and if it is found wanting in any respect, a report shall be made to the Court concerned by him/her to initiate a proceeding for cancellation of bail of the petitioner for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the Court concerned.

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) deepak/- U T