Rohit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50890 of 2025 Arising Out of PS. Case No.-364 Year-2024 Thana- VISHNUPAD District- Gaya ====================================================== Rohit Kumar S/O Late Lakshman Ram R/O Village- Banshi Bigha, PSBelaganj, District- Gaya presently R/O Mohalla- Maranpur, Chandchaura, PSVishnupad, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shailesh Kumar, Advocate For the Opposite Party/s :
Mr.Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner who apprehends arrest in connection with Vishnupad P.S. Case No. 364 of 2024 lodged on 17.12.2024 for the offences punishable under sections 331(4) and 305 of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution, the F.I.R. has been lodged against unknown alleging commission of theft in his house.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the F.I.R.; rather, his name has surfaced in the case solely on the basis of the confessional statement of a co-accused. Nothing has been recovered from the
Patna High Court CR. MISC. No.50890 of 2025(2) dt.11-08-2025 2/2 conscious possession of the petitioner. Although he is alleged to have been identified by a police informer through CCTV footage, no Test Identification Parade has been conducted. The offences with which the petitioner has been charged are triable by a Magistrate.
5. Learned APP for the State opposes the prayer for bail; however, he concedes that the petitioner has a clean antecedent.
6. In the facts and circumstances, let the above named petitioner be released on bail, in the event of arrest or surrender before the Trial Court within a period of four weeks from today, on furnishing bail bond of ₹30000/- (thirty thousand) as mentioned in Section 2(1) (d) of the Bharatiya Nagrik Suraksha Sanhita, 2023 to the satisfaction of the CJM, Gaya, in connection with Vishnupad P.S. Case No. 364 of 2024, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
(Dr. Anshuman, J) Ashwini/- U T