Rohit Singh @ Kumar Jai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89990 of 2025 Arising Out of PS. Case No.-949 Year-2023 Thana- ARA NAGAR District- Bhojpur ====================================================== Rohit Singh @ Kumar Jai S/o Ajay Singh Resident of village- Ram Nagar Chandwa, PS- Ara Navada, Distirct- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Shashank Chandra, Advocate For the State :
Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-02-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 302, 201 and 34 of the Indian Penal Code.
3. The prosecution case, in brief, is that on 24.11.2023 at about 2 PM, brother of informant, namely Omkesh Singh, went out with his close friend Sumit Kumar Upadhyaye but did not return till 10 PM. When informant inquired about the whereabouts of her brother from Sumit Kumar Upadhyaye, he disclosed that informant's brother went to the bank of river with Buchul Yadav, Rohit Singh (petitioner), Vivek Rai, Sushant Tiwari and Suraj Yadav. Sumit Kumar Upadhyaye also disclosed
Patna High Court CR. MISC. No.89990 of 2025(4) dt.13-02-2026 2/3 that other persons had sent him to bring bhunja from the other side of the road but when he returned, he did not find anyone and their mobile phones were also switched off. Thereafter, informant and her family members started started searching for her brother and on the next day, they found blood stained shirt and slippers of Omkesh. Informant suspects that all the F.I.R. named accused persons, including this petitioner, committed murder of her brother and concealed his dead body. It is further alleged that earlier also, co-accused Buchhul Yadav had assaulted brother of the informant and threatened to kill him.
4. Learned counsel for the petitioner submits that petitioner is quite innocent and has committed no offence. Informant is not an eye witness to the occurrence and the present F.I.R. has been lodged only on the basis of disclosure made by Sumit Kumar Upadhyay and he has only stated that this petitioner was with the deceased along with other accused persons. Save and except the same, there is no other material on record to show the complicity of this petitioner in the alleged occurrence. At best, it is a case of last seen with the deceased. Moreover, charge-sheet has already been submitted and petitioner is in custody since 31.07.2025.
Patna High Court CR. MISC. No.89990 of 2025(4) dt.13-02-2026 3/3
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the facts and circumstances of the case, general and omnibus nature of accusation and period of custody, the prayer for grant of bail to the petitioner is allowed.
7. Accordingly, let the above named petitioner 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 Principal District and Sessions Judge, District- Ara at Bhojpur in connection with Ara Nagar P.S. Case No. 949 of 2023.
(Prabhat Kumar Singh, J) shashank/- U T