Rohit Kumar @ Bangali Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Rohit Kumar @ Bangali Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail granted upon furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara, subject to cooperation in the trial and to verification of the nine-case bail claim before acceptance of the bond.

Issue for consideration

Whether petitioner Rohit Kumar @ Bangali, whose earlier bail petition was rejected on 03.07.2024, should now be released on regular bail in Udwantnagar P.S. Case No. 354 of 2023 (Arms Act offences). +1 more

Court's answer

Bail granted on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara, subject to cooperation in the disposal of trial.

Ratio / Principle

The Court released the petitioner on bail, the decisive consideration being that he had been granted bail in all the nine antecedent cases mentioned in the bail petition.

Key takeaways

Condition imposed: before accepting the bail bond, the learned court below shall verify counsel's submission regarding grant of bail in all nine cases, and if the submission is found to be false, the bail bond shall not be accepted.ratio¶19

Detailed headnote1 paragraphs

Patna High Court (Nawneet Kumar Pandey, J) grants regular bail to Rohit Kumar @ Bangali, arrested in Udwantnagar P.S. Case No. 354 of 2023, District Bhojpur, registered under Sections 25(1-b) a/26 of the Arms Act after alleged recovery of one country-made pistol and a live cartridge. Although an earlier bail petition was rejected vide order dated 03.07.2024 in Cr. Misc. No. 45238 of 2024, bail is granted on renewed grounds: prolonged incarceration of more than two years against a seven-year maximum punishment, and the fact that the petitioner has been granted bail in all nine antecedent cases. Bail bonds fixed at Rs.10,000/- with two sureties of the like amount each before the learned Chief Judicial Magistrate, Bhojpur at Ara; the court below must verify the nine-case bail claim before accepting the bond, failing which (if found false) the bond shall not be accepted.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7642 of 2025

Arising Out of PS. Case No.-354 Year-2023 Thana- UDWANTNAGAR District- Bhojpur

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

Rohit Kumar @ Bangali Son of Madesh Singh Resident of village- Garha PSUdwantnagar District -Bhojpur

... ... Petitioner/s

Versus

The State of Bihar bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Raju Kumar Singh For the Opposite Party/s : Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

ORAL ORDER

2 25-04-2025

Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Udwantnagar P.S. Case No. 354 of 2023, registered for the offences punishable under Sections 25(1-b) a/26 of the Arms Act.

As per allegation, one country-made pistol and a live cartridge were recovered from the possession of the petitioner.

Learned counsel for the petitioner has submitted that though the earlier bail petition of the petitioner was rejected by this Court vide order dated 03.07.2024 in Cr. Misc. No. 45238 of 2024 but he is renewing the prayer for bail on the ground of his prolonged incarceration i.e. more than two years whereas the maximum punishment for the offence is seven years. He has also

Patna High Court CR. MISC. No.7642 of 2025(2) dt.25-04-2025 2/2

submitted that though the petitioner has criminal antecedent of nine cases but in all the cases, he has been granted bail.

Considering the aforesaid facts especially the fact that the petitioner has been granted bail in all the nine cases, mentioned in paragraph 3 of the bail petition, as submitted by the learned counsel for the petitioner, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Udwantnagar P.S. Case No. 354 of 2023, subject to the following conditions:-

(i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) Before accepting the bail bond, the learned court below shall verify the submissions of the learned counsel for the petitioner regarding grant of bail in all the nine cases and if the submission is found to be false, the bail bond of the petitioner shall not be accepted.

(Nawneet Kumar Pandey, J)

kundan/- U T