Dismissed¶28

Rohit Kumar v. The State of Bihar

Bail – Second regular bail application – Patna High Court (Sandeep Kumar, J.)

Patna HC11 Feb 2026CR. MISC./27511/2025

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What is this about?

Regular bail; second attempt; Criminal Miscellaneous No.27511 of 2025; Shastrinagar P.S. Case No. 219 of 2024; Sections 307, 326, 302, 34 IPC; Section 27 Arms Act; witnesses turned hostile; X vs. State of Rajasthan & Anr, 2024 SCC OnLine SC 3539; review of earlier bail rejection dated 28.08.2024 in Cr. Misc. No. 59197 of 2024; custody since 01.04.2024; Patna High Court; Justice Sandeep Kumar; bail rejected.

What did the court decide?

The submission that trial witnesses have turned hostile cannot be considered by this Court at this stage, in view of the law laid down by the Hon'ble Supreme Court in X vs. State of Rajasthan & Anr, 2024 SCC OnLine SC 3539. ¶26

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

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27511 of 2025

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Arising Out of PS. Case No.-219 Year-2024 Thana- SHASTRINAGAR District- Patna

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

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Rohit Kumar S/o Naresh Kumar @ Naresh Paswan R/o Mohalla- Baily Road No.6, Vigilance Office, Back of Lalit Bhawan, Punaichak, Jhoparpatti, P.S.Shashtri Nagar, District- Patna

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Vivekanand Singh For the Opposite Party/s : Mr. Narsingh Tanti ======================================================

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CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

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7 11-02-2026

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

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2 . This is the 2^nd attempt of the petitioner. The petitioner seeks bail in connection with Shastrinagar P.S. Case No. 219 of 2024 registered for the offence under Sections 307, 326, 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

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Earlier the bail application of the petitioner was rejected on 28.08.2024 in Cr. Misc. No. 59197 of 2024 which reads as follows:-

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

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2. The petitioner seeks bail in connection with Shastrinagar P.S.Case No. 219 of 2024 registered for the offence punishable under Sections 307, 326/34 of the Indian Penal

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Patna High Court CR. MISC. No.27511 of 2025(7) dt.11-02-2026 2/3

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Code and Section 27 of the Arms Act.

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3. Two named accused persons namely, Chottu Gope and Santosh Gope fired in the market due to which three persons were injured subsequently, Jitendra Rai died.

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4. Learned cousnel for the petitioner has submitted that during investigation, it has come that there was dispute between the residents of Punichak market and Punichak Jhoparpatti and the petitioner and his father and one more persons were beaten by the deceased and others of the market,During Durga Puja. It has further come in the investigation, that this petitioner, his father and another co-accused used to supply the mobile numbers of the shopkeepers from whom extortion was demanded by Chottu Gope and Santosh Gope. The petitioner and his father and one co-accused provided arms in the crime. The motorcycle used in the crime was recovered from the petitioner and though the colour of the motorcycle which was used in crime differs with the colour of motorcycle recovered from the petitioner. The petitioner is in custody since 01.04. 2024.

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5. Considering the involvement of the petitioner in the alleged extortion and murder, I am not inclined to grant bail to the petitioner. This application is dismissed.

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4 . The learned counsel for the petitioner submits that in the trial, witnesses have turned hostile, therefore, the petitioner may be granted bail.

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5 . The learned APP for the State has vehemently opposed the prayer of the petitioner.

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6 . Considered the submissions of the parties. The trial

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Patna High Court CR. MISC. No.27511 of 2025(7) dt.11-02-2026 3/3

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is continuing. The submission of the learned counsel for the petitioner that the witnesses have turned hostile cannot be considered by this Court at this stage in view of the law laid down by the Hon’ble Supreme Court in the case of X vs. State of Rajasthan & Anr, 2024 SCC OnLine SC 3539.

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7 . In view of the aforesaid facts and circumstances,

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this Court finds no ground to review its earlier order. Accordingly, this application for regular bail stands rejected.

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(Sandeep Kumar, J)

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Shishir/-

Rohit Kumar v. The State of Bihar

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Rohit Kumar v. The State of Bihar

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