Rohit Baba @ Rohit Pandey @ Rohit Kumar @ Rohit Kumar Pandey Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Rohit Baba @ Rohit Pandey @ Rohit Kumar @ Rohit Kumar Pandey Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Bail granted: petitioner to be released on bail, after framing of charge (if not already framed), on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Kesariya P.S. Case No. 410 of 2024, subject to conditions that (I) one of the bailors shall be an own/close member of the petitioner's family, and (II) the petitioner shall appear on each and every date fixed at the trial, failing which on two consecutive dates the Trial Court may cancel his bail bonds.

Issue for consideration

Whether petitioner Rohit Baba @ Rohit Pandey @ Rohit Kumar @ Rohit Kumar Pandey, arraigned in Kesariya P.S. Case No. 410 of 2024 (East Champaran) for the offence under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023, should be released on bail.

Court's answer

Considering the facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner in Kesariya P.S. Case No. 410 of 2024.

Ratio / Principle

The petitioner is to be released on bail after framing of charge, if not already framed, on furnishing bail bonds of Rs.15,000/- with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Kesariya P.S. Case No. 410 of 2024.

Key takeaways

Condition imposed: the petitioner shall appear on each and every date fixed at the trial, and in case of default in appearance on two consecutive dates the Trial Court will have liberty to cancel his bail bonds.ratio¶24

Detailed headnote1 paragraphs

Criminal Miscellaneous No.12682 of 2026, Patna High Court, oral order dated 25-02-2026, Rudra Prakash Mishra, J — Bail allowed — Offence under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023 arising from Kesariya P.S. Case No. 410 of 2024, District East Champaran — prosecution alleges three unknown miscreants came on a motorcycle to the informant's gas godown, threatened him at gun point and fled with Rs. 75,000/- cash — petitioner's name surfaced on disclosure made by co-accused; no incriminating article, nor any arm or pistol used in the occurrence, recovered from his conscious possession; T.I.P. not conducted till date; petitioner in custody since 15.07.2025 with five (5) criminal antecedents; co-accused already granted bail by this Court on 12.12.2025 in Cr. Misc. No. 86397 of 2025 — considering the facts, circumstances and period of custody, the Court granted bail: release after framing of charge (if not already framed) on bail bonds of Rs.15,000/- with two sureties of the like amount each, conditioned on one bailor being an own/close family member and on the petitioner appearing on every trial date, with liberty to the Trial Court to cancel the bonds on default on two consecutive dates.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12682 of 2026

Arising Out of PS. Case No.-410 Year-2024 Thana- KESARIA District- East Champaran

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

Rohit Baba @ Rohit Pandey @ Rohit Kumar @ Rohit Kumar Pandey S/O Subhash Pandey R/O Village- Siswa, P.S.- Dumariyaghat, District- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s : Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

ORAL ORDER

2 25-02-2026

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Kesariya P.S. Case No. 410 of 2024 instituted for the offences under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023.

Prosecution case, in short, is that, three unknown miscreants came on a motorcycle to the informant’s gas godown, threatened the informant at gun point, abused him and fled away with Rs. 75,000/- cash, leaving behind their motorcycle.

Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner’s name has surfaced in this case on the disclosure

Patna High Court CR. MISC. No.12682 of 2026(2) dt.25-02-2026 2/3

made by co-accused. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the looted articles. Learned counsel further submitted that T.I.P. has not been conducted till date. Learned counsel further submitted that no any arms or pistol used in the alleged occurrence has been recovered from this petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 15.07.2025 and has five (5) criminal antecedents. Other co-accused has been granted bail by this Court vide order dated 12.12.2025, passed in Cr. Misc. No. 86397 of 2025.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

Let the petitioner be released on bail, after framing of charge, if not already framed , on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kesariya P.S. Case No. 410 of 2024, subject

Patna High Court CR. MISC. No.12682 of 2026(2) dt.25-02-2026 3/3

to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J)

Raj Kishore/-

U T