Patna High CourtCR. MISC./44768/2026bail granted

Rohit Kumar v. The State Of Bihar

2026-07-13Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44768 of 2026 Arising Out of PS. Case No.-307 Year-2025 Thana- BARARI District- Katihar ====================================================== Rohit Kumar S/o Guljari Das R/o Village - Bhatta Tola, Choti Bhaisdira, P.S - Barari, District - Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Harish Chandra Patel, Advocate For the Opposite Party/s :

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-07-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Barari P.S. Case No. 307 of 2025, instituted for the offences punishable under Sections 303(2) and 317(5) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that auto of the informant has been stolen from Bari Bains Diyara Chowk and upon chasing, he was unable to catch the thief.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious

Patna High Court CR. MISC. No.44768 of 2026(2) dt.13-07-2026 2/3 possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner was not apprehended on spot, rather he has been arrested only on the basis of suspicion. It is further submitted that the seized articles were recovered near Karhagola Railway Station. The petitioner is in custody since 29.09.2025 and has got two criminal antecedents.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail after framing of charge, if not already framed, on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Barari P.S. Case No. 307 of 2025, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two

Patna High Court CR. MISC. No.44768 of 2026(2) dt.13-07-2026 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T