Roshan Kumar @ Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39867 of 2026 Arising Out of PS. Case No.-237 Year-2026 Thana- SASARAM NAGAR District- Rohtas ====================================================== Roshan Kumar @ Raushan Kumar S/O Rajesh Kumar Resident of VillageSonadihara, P.S.- Shivsagar, District- Rohtas. At present resident of MohallaKhilanganj, P.S.- Sasaram (T), Distt.- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashi Kant, Advocate For the Opposite Party/s :

Mr.Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 23-06-2026 Heard Mr.Shashi Kant, learned counsel for the petitioner and Mr.Bharat Lal, learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 29.03.2026 in connection with Sasaram (T) P.S. Case No. 237 of 2026, F.I.R. dated 29.03.2026 registered for the offence punishable under Sections 111/313 and 317(5) of BNS.

3. As per FIR, the police party chased the accused persons and one Mohit Kumar was arrested by the police and his rented house was searched and some mobiles were recovered from his rented house.

4. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. Initially, the petitioner was not named in the FIR. The name of the petitioner

Patna High Court CR. MISC. No.39867 of 2026(2) dt.23-06-2026 2/3 has been transpired during investigation on the basis of the disclosure made by the co-accused person, namely, Mohit Kumar and recovery has been made from the house of coaccused person, namely, Mohit Kumar and except the disclosure made by co-accused person, namely, Mohit Kumar, nothing has come during investigation against the petitioner to suggest the involvement of the petitioner in the present occurrence and the police, after investigation, submitted the chargesheet against the petitioner and the petitioner is in custody since 29.03.2026.

5. Learned APP for the State has opposed the prayer for bail of the petitioner and submits that the petitioner is involved in the present crime in question.

6. Considering the aforesaid fact, petitioner has clean antecedent, petitioner is not named in the FIR, name of the petitioner has been transpired during investigation on the basis of the disclosure made by the co-accused person and nothing has been recovered from conscious possession of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Sasaram in connection with Sasaram (T) P.S. Case No. 237 of 2026, with the following conditions:-

Patna High Court CR. MISC. No.39867 of 2026(2) dt.23-06-2026 3/3 (I) 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/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(III) 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 antecedent, 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) Nitesh/- U T