Rohit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49950 of 2025 Arising Out of PS. Case No.-98 Year-2025 Thana- DANAPUR District- Patna ====================================================== Rohit Kumar S/O Rajendra Singh Resident of Vill.- Narayanpur, P.S.- Narayanpur, Dist.- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravindra Kumar, Adv For the Opposite Party/s :
Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 11-09-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.
2. The petitioner seeks bail in connection with Danapur P.S. Case No. 98 of 2025 registered for the offences under Sections 317 (3) of the Bharatiya Nyaya Sanhita.
3. The petitioner is not named in the F.I.R. and is in custody since 11.02.2025.
4. As per FIR five miscreants looted jewellery from the shop of informant namely M/s. Jiva Jewellery Shop on gun point.
5. Learned counsel appearing on behalf of the petitioner submitted that the name of petitioner transpires in the present case on the basis of confessional statement of co-accused namely Suraj Kumar, in furtherance of which no incriminating material
Patna High Court CR. MISC. No.49950 of 2025(2) dt.11-09-2025 2/3 recovered/surfaced as to connect this petitioner with the present crime in question. It is also submitted that petitioner was not put on TIP as yet. It is pointed out that similarly situated co-accused person from whose possession looted jewelry was recovered have already granted bail by one of the learned Co-ordinate Bench of this Court through Cr. Misc. No. 38130 of 2025 vide order dated 06.08.2025. While concluding the argument it is submitted that, petitioner found involved in 10 more criminal cases, where he is on bail in all cases and prima-facie implicated with the present case out of suspicion arising out of his criminal antecedents, where in maximum number of cases his name transpires on the basis of confessional statement as of the present case having otherwise no evidentiary value under law and moreover, investigation of this case is already completed, and as such, there is no chance of tampering with the evidence.
6. Learned APP appearing on behalf of the State, opposes the prayer for bail.
7. In view of aforesaid factual submission and by taking note of fact as save and except suspicion arising out of confessional statement of apprehended co-accused person namely Suraj Kumar nothing prima-facie incriminating appears as to connect this petitioner with the present crime in question, coupled
Patna High Court CR. MISC. No.49950 of 2025(2) dt.11-09-2025 3/3 with the fact as petitioner remains in custody since 11.02.2025, accordingly above named petitioner, is directed to be released on bail in connection with Danapur P.S. Case No. 98 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Danapur/concerned court, subject to the conditions as mentioned under Section 480(3) of the B.N.S.S.
(Chandra Shekhar Jha, J.) S.Tripathi/- U T