Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28637 of 2025 Arising Out of PS. Case No.-22 Year-2025 Thana- KAMTAUL District- Darbhanga ====================================================== Rohit Kumar S/o Mahendra Mahto R/o Mohalla - Shivaji Nagar, P.S. - Town, Distt. - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Virendra Kumar, Adv.

For the Opposite Party/s :

Mr. Navin Kr. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 16-09-2025 Heard the parties.

2. The petitioner seeks bail in connection with Kamtaul P.S. Case No. 22 of 2025 registered for the offence under Sections 132, 109, 310(5), 310(4) of BNS and 25(1-b)1, 26, 27, 35 of Arms Act.

3. The petitioner is named in the F.I.R. and is in custody since 28.01.2025.

4. The allegation against the petitioner is to involve in preparation for dacoity, where some of the coaccused persons fired on police when the gathering was surrounded by police. It is also alleged that during occurrence one of the co-accused received bullet injury

Patna High Court CR. MISC. No.28637 of 2025(4) dt.16-09-2025 2/3 out of firing made by another co-accused person.

5. Learned counsel appearing on behalf of the petitioner submitted that allegation of firing is not available against this petitioner rather same is available against co-accused persons namely, Praveen Kr. Sah, Ujjawal Paswan and Ravindra Mishra. It is pointed out that merely on the ground of recovery of one loaded country-made pistol it can't be said that petitioner was involved in preparation of dacoity. While concluding the argument, it is submitted that petitioner is a man of clean antecedent as he found not involved in any other case accept present case and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

6. Learned APP opposes the prayer of bail.

7. In view of aforesaid factual submission and by taking note of fact as merely on the basis of loaded country made pistol the petitioner prima-facie implicated

Patna High Court CR. MISC. No.28637 of 2025(4) dt.16-09-2025 3/3 with preparation for dacoity, coupled with fact that investigation of this case already completed where petitioner who is a man of clean antecedent remains in custody since 28.01.2025, accordingly petitioner above named, is directed to be released on bail in connection with Kamtaul P.S. Case No. 22 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Darbhanga /concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C/ Section 480(3) of BNSS.

(Chandra Shekhar Jha, J) Sudha/- U T