Rohit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2692 of 2026 Arising Out of PS. Case No.-561 Year-2024 Thana- BARACHATTI District- Gaya ====================================================== 1.
Rohit Kumar S/o Munni Yadav R/o Village- Kahudag, P.S.- Barachatti, Distt.- Gaya.
2.
Ravi Kumar S/o Arjun Paswan @ Arjun Manjhi R/o Village- Sebai, P.S.- Barachatti, Distt.- Gaya.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Paras Nath, Advocate.
For the Opposite Party/s :
Mr. Sanjay Kumar Tiwary, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 05-05-2026
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection with Barachatti P.S. Case No.561 of 2024 instituted under Sections 317(4), 111 of the B.N.S., 2023.
3. As per the prosecution case, on getting secret information regarding sale and business of theft motorcycle, the police team reached at the repairing shop of co-accused Dilchand @ Rajesh Kumar where he found two motorcycles and on interrogation could not produce the papers of motorcycle. It is alleged that co-accused Dilchand @ Rajesh Kumar had disclosed that petitioners and other co-accused persons bring the
Patna High Court CR. MISC. No.2692 of 2026(4) dt.05-05-2026 2/3 theft motorcycle to his shop to which he sold the same on getting commission. It is alleged that several motorcycles were recovered on the disclosure made by the co-accused Dilchand @ Rajesh Kumar.
4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. He further submits that the name of petitioners have been implicated in this case only on the basis of disclosure statement made by the co-accused Dilchand @ Rajesh Kumar. Learned counsel submits that the petitioners are bona fide purchasers of the vehicle after paying consideration amount to the co-accused Dilchand @ Rajesh Kumar knowing to be genuine motorcycle on the assurance that owner book of the vehicle will be provided later. He further submits that petitioners have no knowledge that the motorcycles are stolen motorcycles. Learned counsel submits that except the disclosure statement of the co-accused, there is no material against the petitioners. He further submits that petitioners are young boys of 19 & 20 years respectively, having got clean antecedent and they undertake to cooperate in the investigation and trial of the case.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
Patna High Court CR. MISC. No.2692 of 2026(4) dt.05-05-2026 3/3
6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties, the nature of allegation leveled against the petitioners and the young age of petitioners as well as their clean antecedent, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount to each to the satisfaction of the learned Additional Chief Judicial Magistrate-II, Sherghati, Gaya/ concerned Court in connection with Barachatti P.S. Case No.561 of 2024, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Sunil Dutta Mishra, J) Ritik/- U T