Rohit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34248 of 2025 Arising Out of PS. Case No.-115 Year-2024 Thana- BARHAT District- Jamui ====================================================== Rohit Kumar Son of Dhiraj Rawat R/o Mohalla- Mahisouri, P.S.- Jamui, District-Jamui.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Mishra, Advocate Mr. Ashok Kumar, Advocate For the Opposite Party/s :
Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 11-09-2025 Heard Mr. Sanjay Kumar Mishra, along with Mr. Ashok Kumar, learned counsels appearing on behalf of the petitioner and Mr. Ajit Kumar, learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in connection with Barhat P.S. Case No. 115 of 2024 registered under Sections 126(2),117(2),117(3),281,304,352,351(2),351(3),3(5) of the BNS.
3. As per the allegation made in the FIR, the petitioner along with other accused assaulted the informant while he was going to his village and they also snatched the mobile phone of the informant.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.34248 of 2025(3) dt.11-09-2025 2/3 petitioner submitted that petitioner is innocent and he has falsely been implicated in the present case. Learned counsel submitted that the petitioner's name has surfaced in the present case on the basis of confessional statement of co-accused and confessional statement made before the police has no evidentiary value in the eye of law. The petitioner has clean antecedent. On these grounds, the petitioner seeks to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Having considered the rival submissions made on behalf of the parties, as well as, the fact that name of the petitioner has surfaced in the present case on the basis of confessional statement of co-accused and confessional statement made before the police has no evidentiary value in the eye of law, the petitioner is having clean antecedent, I am of the opinion that the petitioner has, prima facie, made out a case to be released on anticipatory bail.
7. The learned District Court is directed to release the petitioner on anticipatory bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the
Patna High Court CR. MISC. No.34248 of 2025(3) dt.11-09-2025 3/3 satisfaction of learned Judicial Magistrate, Ist Class, Jamui in connection with Barhat P.S. Case No. 115 of 2024, subject to the condition as laid down under Section 482 of the BNSS.
8. The learned District Court is directed to verify the criminal antecedent of the petitioner, as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner, as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Ashishsingh/- U T