← Library
Patna High Court/32934/2026bail granted

Roshan Kumar v. The State Of Bihar

2026-05-15Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32934 of 2026 Arising Out of PS. Case No.-601 Year-2025 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Roshan Kumar S/o Paspati Prasad R/o Mohalla- Chhota Telpa, P.S.- Chapra Town, District- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 15-05-2026 Heard Mr. Vijay Kumar, learned counsel for the petitioner and Mr. Kumar Veerendra Narayan, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 12.12.2025, in connection with Chapra Muffasil P.S. Case No. 601 of 2025, F.I.R. dated 02.11.2025 registered for the offences punishable under Sections 331(4), 305, 317(4), 313 of the B.N.S., 2023.

3. The F.I.R. of the occurrence of loot 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 on the

Patna High Court CR. MISC. No.32934 of 2026(2) dt.15-05-2026 2/3 basis of confessional statement of co-accused person namely Ras Basfar and during course of investigation one camera and one watch was recovered from the possession of the petitioner. Learned counsel for the petitioner further submits that the same is not matched with the articles as mentioned in the F.I.R. and the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 12.12.2025.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner and submits that the recovery has been made from the house of the petitioner and apart from that the petitioner carries one more case of similar nature other than the present one but fairly submits on the basis of paragraph-3 of the bail petition that the petitioner is on bail in the pending matter.

6. Considering the facts and circumstances of the case and the 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 Chief Judicial Magistrate, Saran at Chapra in connection with Chapra Muffasil P.S. Case No. 601 of 2025, subject to the following conditions :-

Patna High Court CR. MISC. No.32934 of 2026(2) dt.15-05-2026 3/3

(1) Petitioner shall co-operate in the trial and shall be 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