Rohit Kumar Yadav Vs The State of Bihar — Bail and Remand | Patna HC (2025)

Rohit Kumar Yadav Vs The State of Bihar — Bail and Remand | Patna HC (2025)

What the court decided

AI extract

Outcome

Prayer for bail allowed: petitioner 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 learned A.C.J.M.-1st, Jhanjharpur, Madhubani, in connection with Rudrapur P.S. Case No.124 of 2022, subject to conditions under Section 437(3) CrPC / Section 480(3) BNSS.

Issue for consideration

Whether the accused/petitioner Rohit Kumar Yadav, not named in the FIR and in custody since 01.02.2025, should be released on bail in connection with Rudrapur P.S. Case No.124 of 2022 (offences under Sections 379 and 411 IPC).

Court's answer

Taking note of the nature of accusation, the completion of investigation (charge-sheet submitted) and the petitioner's custody since 01.02.2025, the petitioner is directed to be released on bail in connection with Rudrapur P.S. Case No.124 of 2022.

Ratio / Principle

The petitioner is 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 learned A.C.J.M.-1st, Jhanjharpur, Madhubani, in connection with Rudrapur P.S. Case No.124 of 2022.

Key takeaways

The release on bail is made subject to the conditions laid down under Section 437(3) of the Code of Criminal Procedure / Section 480(3) of the Bhartiya Nagrik Suraksha Sanhita.ratio¶¶26

Detailed headnote1 paragraphs

Bail granted — Patna High Court (Chandra Shekhar Jha, J.), Criminal Miscellaneous No.20503 of 2025, decided 13-08-2025. The accused/petitioner, Rohit Kumar Yadav, sought bail in Rudrapur P.S. Case No.124 of 2022 (District Madhubani), registered for offences under Section 379 IPC with Section 411 IPC subsequently added, concerning theft of the informant's motorcycle. He was not named in the FIR and had been in custody since 01.02.2025. Counsel submitted that he had been remanded into this case from Jaynagar P.S. Case No.253 of 2022, where the informant's motorcycle was recovered; that he was involved in three further criminal cases of almost similar nature in which he was on bail; and that investigation was complete with the charge-sheet submitted, leaving no scope for tampering with evidence. The learned APP opposed the bail prayer. Taking note of the nature of accusation, the completion of investigation and the period of custody, the Court directed the petitioner's release on bail on furnishing a bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned A.C.J.M.-1st, Jhanjharpur, Madhubani, subject to the conditions laid down under Section 437(3) of the Code of Criminal Procedure / Section 480(3) of the Bhartiya Nagrik Suraksha Sanhita.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.20503 of 2025

Arising Out of PS. Case No.-124 Year-2022 Thana- RUDRAPUR District- Madhubani

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

Rohit Kumar Yadav, Son of Surendar Yadav @ Surendra Yadav, R/o - Patel Chauk Kafoganj, Ward No.07, P.S.-University Darbhanga, District - Darbhanga

... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar Jha, Advocate For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP ======================================================

... ... Opposite Party

CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

3 13-08-2025

Heard learned counsel for the petitioner and learned

Additional Public Prosecutor for the State.

The accused/petitioner seeks bail in connection

with Rudrapur P.S. Case No.124 of 2022 registered for the offences punishable under Section 379 of the Indian Penal Code (in short ‘IPC’). Later on, Section 411 of the IPC was added.

The accused/petitioner is not named in the FIR

and is in custody since 01.02.2025.

As per FIR, the motorcycle of informant was

stolen by some unknown persons.

It is submitted by learned counsel appearing for

the petitioner that petitioner was remanded in present case

Patna High Court CR. MISC. No.20503 of 2025(3) dt.13-08-2025 2/3

from Jaynagar P.S. Case No.253 of 2022, where the motorcycle of present informant was recovered. It is further submitted by learned counsel that petitioner found involved in more three criminal cases of almost similar nature, where he is on bail. While concluding argument, it is submitted that investigation of this case is already completed, for which, charge-sheet has already submitted and, as such, there is no chance of tampering with the evidence.

Learned APP opposed the prayer for grant of bail to the petitioner.

In view of aforesaid factual submissions and by taking note of nature of accusation, coupled with the fact that investigation of this case is already completed, where petitioner remains in custody since 01.02.2025, accordingly, the petitioner, above-named, is directed to be released on bail furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-1st, Jhanjharpur, Madhubani in connection with Rudrapur P.S. Case No.124 of 2022, subject to the conditions as laid down under Section 437(3) of the

Patna High Court CR. MISC. No.20503 of 2025(3) dt.13-08-2025 3/3

Code of Criminal Procedure (for short ‘CrPC’)/under Section 480(3) of the Bhartiya Nagrik Suraksha Sanhita (for short

‘BNSS’).

(Chandra Shekhar Jha, J.)

Sanjeet/-

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