Rohit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31671 of 2025 Arising Out of PS. Case No.-484 Year-2024 Thana- BIDUPUR District- Vaishali ====================================================== Rohit Kumar S/o Rakesh Singh @ Rakesh Kumar Singh R/o villageRamdauli, PS- Bidupur, district- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bela Singh For the Opposite Party/s :
Mr. Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 14-10-2025 Heard the parties.
2. The petitioner seeks bail in connection with Bidupur P.S. Case No. 484 of 2024 registered for the offence under Sections 310(4), 310(5) of BNS and Sections 25(1-AA), 25(1-B)a, 26, 35 of Arms Act.
3. The petitioner is named in the F.I.R. and is in custody since 22.08.2024.
4. As per FIR, petitioner was found involved in preparation for dacoity whereupon police raid the petitioner was found in possession of two country made pistols alongwith two live cartridges.
Patna High Court CR. MISC. No.31671 of 2025(4) dt.14-10-2025 2/3
5. Learned counsel appearing on behalf of the petitioner submitted that from the factual aspect of this case it cannot be gathered that the petitioner was involved in preparation for dacoity. It is submitted that as petitioner found in possession of two country made pistols alongwith two live cartridges, therefore, merely with this recovery it cannot be said that there was a preparation for dacoity, where the petitioner was one of the participant. It is submitted that recovery of arms as alleged also not appears to be made from conscious physical possession of this petitioner, where seizure list also appears doubtful for the reasons that the same is being supported by police personal. While concluding the argument, it is submitted that 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 ground
Patna High Court CR. MISC. No.31671 of 2025(4) dt.14-10-2025 3/3 of recovery of country made pistols alongwith two live cartridge this petitioner was implicated with present case, coupled with fact that investigation of this case already completed, where petitioner remains in custody since 22.08.2024, accordingly petitioner above named, is directed to be released on bail in connection with Bidupur P.S. Case No. 484 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned JM 1st Class, Vaishali at Hajipur /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