Rohit Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Rohit Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Bail granted: petitioner to be released on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class/Concerned Court, East Champaran, Motihari, in connection with Bhopatpur P.S. Case No. 30 of 2026, subject to conditions under Section 438(2) CrPC / Section 482(2) BNSS.

Issue for consideration

Whether the petitioner, in custody in Bhopatpur P.S. Case No. 30 of 2026 (offences under Sections 317(5)/338/336(3)/3(5) of the BNS), should be released on bail.

Court's answer

Considering that the petitioner is in custody since 14.02.2026 and has no criminal antecedent, the Court is inclined to grant bail to the petitioner.

Ratio / Principle

The petitioner is to be released on bail on furnishing a bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate, 1st Class/Concerned Court, East Champaran, Motihari, in connection with Bhopatpur P.S. Case No. 30 of 2026, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.

Key takeaways

Any observation made in the order is prima facie in nature and limited solely to adjudication of the present bail application; such observations shall not be construed as an expression on the merits of the case and shall not influence the trial or any other proceedings.obiter¶21

Detailed headnote1 paragraphs

Bail granted - Patna High Court (Ansul, J.; oral order dated 06-05-2026) in CR. MISC. No.30125 of 2026 arising from Bhopatpur P.S. Case No. 30 of 2026, District East Champaran, registered under Sections 317(5)/338/336(3)/3(5) of the BNS, on the allegation that the petitioner was caught with a stolen motorcycle. Weighing custody since 14.02.2026 and absence of criminal antecedents, the Court directed release on a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the Judicial Magistrate, 1st Class/Concerned Court, East Champaran, Motihari, subject to the conditions under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita. All observations are expressly prima facie and confined to the bail adjudication, without bearing on the merits or the trial.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.30125 of 2026

Arising Out of PS. Case No.-30 Year-2026 Thana- Bhopatpur District- East Champaran

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

Rohit Kumar S/o Uma Shankar Sah @ Uma Shankar Prasad R/o VillageBhopatpur, PS- Bhopatpur, Distt.- East Champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Subodh Kumar Barnwal, Advocate For the Opposite Party/s : Mr. Ramesh Chandra, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE ANSUL ORAL ORDER

2 06-05-2026

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in Bhopatpur P.S. Case No. 30 of 2026 registered for the offences punishable under Sections 317(5)/338/336(3)/3(5) of the BNS.

The allegation is that the petitioner was caught with stolen motorcycle.

Learned counsel for the petitioner submits that he had purchased the motorcycle from Anil Yadav and is in custody since 14.02.2026 and has no criminal antecedent.

Learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.

Considering that the petitioner is in custody since 14.02.2026 and has no criminal antecedent, this Court is

Patna High Court CR. MISC. No.30125 of 2026(2) dt.06-05-2026 2/2

inclined to grant bail to the petitioner.

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 Judicial Magistrate, 1^st Class/Concerned Court, East Champaran, Motihari in connection with Bhopatpur P.S. Case No. 30 of 2026, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.

It is made clear that any observation made herein is prima facie in nature and limited solely for the purpose of adjudication of the present bail application. Such observations shall not be construed as an expression on the merits of the case and shall not influence the trial or any other proceedings in any manner.

(Ansul, J)

Vikash/-

U T