Rohit Kumar Mishra @ Rohit Kumar @ Rohit Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.165 of 2026 Arising Out of PS. Case No.-5 Year-2022 Thana- CHACKMEHSI District- Samastipur ====================================================== Rohit Kumar Mishra @ Rohit Kumar @ Rohit Mishra S/o Amnendra Mishra @ Amrendra Mishra R/o Village- Malinagar, P.S- Chak Meshri, Distt.- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Krishna Prasad Singh, Sr. Advocate Mr. Bindeswari Singh, Advocate For the State :

Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-02-2026 Heard learned senior 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 Section 395 of the Indian Penal Code.

3. Earlier, the prayer for grant of bail to the petitioner was rejected by this Court vide order dated 16.05.2025 passed in Cr. Misc. No. 5464 of 2025.

4. It is submitted by learned senior counsel for the petitioner that petitioner is quite innocent and has committed no offence. Petitioner is not named in the F.I.R.. Name of petitioner transpired in this case during course of investigation, merely on the basis of confessional statement of co-accused person. Save

Patna High Court CR. MISC. No.165 of 2026(2) dt.13-02-2026 2/2 and except confessional statement, there is no material on record to show the complicity of this petitioner in the alleged offence. No looted articles were recovered from possession of this petitioner. It is further submitted that till date, petitioner has not been put on test identification parade. Moreover, charge-sheet has already been submitted and petitioner is in custody since 20.10.2024.

5. On the other hand, 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, slow and tardy progress of trial and period of custody, the prayer for grant bail of 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 1st Class Judicial Magistrate, Samastipur in connection with Chakmeshi P.S. Case No. 05 of 2022. (Prabhat Kumar Singh, J) shashank/- U T