Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71226 of 2025 Arising Out of PS. Case No.-587 Year-2024 Thana- PATLIPUTRA District- Patna ====================================================== Rohit Kumar Son of Mukesh Das Resident of Village - Lala Toil (Hansraj Ki Dehri) Noon Ka Chauraha, P.S.- Khajekala, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raju Kumar, Adv.

For the Opposite Party/s :

Ms.Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Patliputra P.S. Case No. 587 of 2024 instituted for the offences under Sections 331(4), 305(a) of the Bhartiya Nyaya Sanhita, 2023.

3. As per prosecution case, the articles, mentioned in the written report, have been stolen from the flat of the informant by an unknown thief.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case merely on the basis of suspicion. The petitioner is not named in

Patna High Court CR. MISC. No.71226 of 2025(2) dt.13-10-2025 2/3 the F.I.R. and his name has transpired in this case in course of investigation on the basis of his criminal antecedents. The police took the confessional statement of the petitioner which has got no evidentiary value in the eye of law. He further submits that nothing incriminating/theft article has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged occurrence. The petitioner has ten criminal antecedents and is languishing in judicial custody since 03.03.2025 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the petitioner bears ten criminal antecedents of almost similar nature of offences.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, 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 Patliputra P.S. Case No. 587 of 2024, subject to the following conditions;

Patna High Court CR. MISC. No.71226 of 2025(2) dt.13-10-2025 3/3 (i) One of the bailor(s) shall be the own/close family members of the petitioner.

(ii) The petitioner shall cooperate 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

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