Allowed¶18

Rohit Sah @ Rohit Kr. v. The State of Bihar

Patna HC10 Jul 2025CR. MISC./11901/2025

Case brief

AI extract

What is this about?

Patna High Court Criminal Miscellaneous No.11901 of 2025, Rohit Sah @ Rohit Kr. v. The State of Bihar; bail allowed under Sections 103(1), 109(1), 351(2) and 3(5) B.N.S.; FIR Banka P.S. Case No. 266 of 2024, Thana Katoriya; ground: general and omnibus allegation with specific attribution to co-accused Niranjan Yadav; bail bond Rs. 10,000/- with two sureties; conditions incl. trial presence and antecedent verification without delaying bond acceptance; Coram: Justice Sourendra Pandey; decided 10-07-2025.

What did the court decide?

Petitioner 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 the learned court below where Banka P.S. Case No. 266 of 2024 is pending, subject to conditions (i) to (iv). ¶18

Rohit Sah @ Rohit Kr. Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, a named accused in Banka P.S. Case No. 266 of 2024 for offences punishable under Sections 103(1), 109(1), 351(2) and 3(5) B.N.S., is entitled to be released on bail. +1 more

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Court's answer

Taking account that the nature of the allegation against the petitioner is general and omnibus and that there is specific attribution of the acts to other co-accused, the petitioner was directed to be released on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the court below where Banka P.S. Case No. 266 of 2024 is pending.

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Ratio / Principle

Bail granted subject to conditions: (i) one bailor to be a close relative and the other a local resident; (ii) physical presence in Court on each date of trial; (iii) bail bond liable to cancellation on absence on two consecutive dates or violation of bail terms; (iv) court below to verify criminal antecedents and take steps for cancellation if antecedents were concealed, but acceptance of bail bonds shall not be delayed for purposes of or in the name of verification.

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Detailed headnote1 paragraphs

Bail granted - Offences punishable under Sections 103(1), 109(1), 351(2) and 3(5) B.N.S., arising out of Banka P.S. Case No. 266 of 2024 (Thana Katoriya, District Banka) - Allegation against named petitioner held to be general and omnibus, with the knife blows causing the death of the informant's husband and grievous injury to Manoj Yadav specifically attributed to co-accused Niranjan Yadav - Bail bond of Rs. 10,000/- with two sureties of like amount each - Conditions: one bailor a close relative and the other a local resident; physical presence in Court on every trial date; bond cancellable on absence on two consecutive dates or breach; court below to verify antecedents and may cancel bond if concealment found, but acceptance of bail bonds not to be delayed for verification. (Justice Sourendra Pandey, 10-07-2025)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11901 of 2025

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Arising Out of PS. Case No.-266 Year-2024 Thana- KATORIYA District- Banka

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======================================================

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Rohit Sah @ Rohit Kr. S/o- Phulchand Sah @ Fulchand Sah @ Fhulchan Sah Resident of Village- Suriya Jhajha, Ps- Katoriya, Dist- Banka

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Praveen Kumar, Advocate For the Opposite Party/s : Mr. Anil Kumar Singh No. 1, A.P.P. ======================================================

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CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER

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4 10-07-2025

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Heard Mr. Praveen Kumar, the learned counsel

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appearing on behalf of the petitioner and the learned A.P.P. for the State.

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2. The petitioner seeks bail in a case registered for the offences punishable under Sections 103(1), 109(1), 351(2) and 3(5) of B.N.S.

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3. As per the prosecution case, the informant has alleged that the named accused persons including the petitioner assembled and started abusing the informant and others and on protest, it is alleged that the petitioner along with one lady, namely, Mila Devi and her father and mother thrashed her husband and thereafter it is alleged that one Niranjan Yadav gave knife blow upon the abdomen of the husband of the informant as well as the elder brother of her husband, namely, Manoj Yadav. It is further alleged that the two injured persons were

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Patna High Court CR. MISC. No.11901 of 2025(4) dt.10-07-2025 2/3

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taken to the hospital for treatment, however, during the course of treatment, husband of the informant died while Manoj Yadav sustained grievous injuries.

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4. Learned counsel for the petitioner further submits that though the petitioner has been named in this case, however, there is no specific allegation of overt act against him and the injuries inflicted upon the deceased as well as the injured Manoj Yadav is attributed to one Niranjan Yadav. Learned counsel further submits that from plain reading of the FIR, it would be evident that the story is concocted and the lady and co-accused persons have also been alleged to have thrash the husband of the informant. It has lastly been submitted that the petitioner has clean antecedent and he is in custody since 04.11.2024.

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5. The learned A.P.P. for the State has vehemently opposed the prayer for bail and has stated that petitioner is a named accused person and he is accused of killing the husband of the informant and causing grievous injury to other.

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6. Considering the aforesaid submissions made by the parties and taking account that the nature of allegation is general and omnibus and specific attribution to other co-accused, let the petitioner, above named, 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 the learned court below where

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Patna High Court CR. MISC. No.11901 of 2025(4) dt.10-07-2025 3/3

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the case is pending/successor court in connection Banka P.S. Case No. 266 of 2024, subject to the following conditions:-

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(i) One of the bailors of the petitioner shall be his close relative and the other shall be local resident.

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(ii) The petitioner shall remain physically present in Court on each date of the trial.

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(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

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(iv) The learned Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

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(Sourendra Pandey, J)

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Siwani/-

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U T

Rohit Sah @ Rohit Kr. v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Rohit Sah @ Rohit Kr. v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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