Rohit Kumar Vs The State of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9638 of 2026

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Arising Out of PS. Case No.-108 Year-2025 Thana- SHAHKUND District- Bhagalpur

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

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Rohit Kumar Son of Kishor Das Resident of Village -Gorgama Police Station -Shahkund, Dist- Bhagalpur

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Anil Das son of Vado Das Resident of Village -Gorgama Police Station -Shahkund, Dist- Bhagalpur

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Sanjay Das son of Late Makoo Das Resident of Village -Gorgama Police Station -Shahkund, Dist- Bhagalpur

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Mantu Das Son of Late Makko Das Resident of Village -Gorgama Police Station -Shahkund, Dist- Bhagalpur

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Santlal Das son of Late Makko Das Resident of Village -Gorgama Police Station -Shahkund, Dist- Bhagalpur

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Suraj Das Son of Anil Das Resident of Village -Gorgama Police Station -Shahkund, Dist- Bhagalpur

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Pankaj Das son of Late Chullo Das @ Chulay Das Resident of Village -Gorgama Police Station -Shahkund, Dist- Bhagalpur

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Ravindra Das Son of Panchu Das Resident of Village -Gorgama Police Station -Shahkund, Dist- Bhagalpur

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Amin Das Son of Panchu Das Resident of Village -Gorgama Police Station -Shahkund, Dist- Bhagalpur

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Sonu Das @ Sonu Kumar Son of Santlal Das Resident of Village -Gorgama Police Station -Shahkund, Dist- Bhagalpur

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Raja Das @ Raja Kumar son of Feko Das Resident of Village -Gorgama Police Station -Shahkund, Dist- Bhagalpur

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Lukho Das @ Lakhendra Das Son of late Heera Lal Das @ Heera Das Resident of Village -Gorgama Police Station -Shahkund, Dist- Bhagalpur

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Panchu Das Son of Makko Das Resident of Village -Gorgama Police Station -Shahkund, Dist- Bhagalpur

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Sainu Das @ Surendra Das Son of Vainu Das @ Vehra Das Resident of Village -Gorgama Police Station -Shahkund, Dist- Bhagalpur

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Kishore Das sonof Varharo Das @ Vaunu Das Resident of Village -Gorgama Police Station -Shahkund, Dist- Bhagalpur

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Mangal Das Son of Ram Das Resident of Village -Gorgama Police Station -Shahkund, Dist- Bhagalpur

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Feko Das son of Ram Das Resident of Village -Gorgama Police Station -Shahkund, Dist- Bhagalpur

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Dilip Das Son of Mantu Das Resident of Village -Gorgama Police Station -Shahkund, Dist- Bhagalpur

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Monu Das @ Monu Kumar Son of Santlal Das Resident of Village -Gorgama Police Station -Shahkund, Dist- Bhagalpur

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Sourav Kumar son of Puran Das Resident of Village -Gorgama Police

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Patna High Court CR. MISC. No.9638 of 2026(2) dt.24-02-2026 2/5

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Station -Shahkund, Dist- Bhagalpur

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Karan Kumar Son of Ravindra Das Resident of Village -Gorgama Police Station -Shahkund, Dist- Bhagalpur

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... ... Petitioner/s

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Versus

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The State of Bihar bihar

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Dr. Manoj Kumar, Adv. For the Opposite Party/s : Mrs. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER

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2 24-02-2026 Heard learned counsel for the petitioners and learned

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Additional Public Prosecutor for the State.

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2. The petitioners apprehend their arrest in connection with Shahkund P.S. Case No. 108 of 2025 dated 01.07.2025 registered for the offences punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 76, 109, 303(2), 352 and 351(2) of the B.N.S.

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3. As per the prosecution case, the informant has alleged that all the named accused persons armed with lathi, spear and garasa came and order to set the house on fire. When the informant protested, the accused persons are stated to have abused her and tore her saree and blouse and also took away the household items. It is further alleged that the accused persons with an intention to kill, attacked and injured one Gourav Kumar, Raman Kumar and Saheb Kumar who received injuries

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Patna High Court CR. MISC. No.9638 of 2026(2) dt.24-02-2026 3/5

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on head. It is further stated that jewelleries and cash were taken by the accused persons.

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4. The learned counsel for the petitioners submits that all the petitioners have falsely been implicated in retaliation to the earlier case lodged by the petitioners’ side being Shahkund P. S. Case No. 107 of 2025 lodged on 28.06.2025 on the said incident. It has further been submitted that in a retaliation to such lodging of the F.I.R., all the family members i.e. the present petitioners have falsely been implicated in a concocted case and an F.I.R. was lodged after six days of the said F.I.R. lodged by the petitioner no. 2. It has further been submitted that the said injured persons were examined medically and all these injuries were found to be simple in nature. It has further been submitted that no such case as alleged has ever occurred and only in order to coerce the petitioners into compromising the earlier case, the present false and concocted case has been lodged. It has lastly been submitted that the petitioners have clean antecedent.

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5. The learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioners.

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6. Considering the aforesaid submissions made by the parties and taking into account the facts and circumstances of

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Patna High Court CR. MISC. No.9638 of 2026(2) dt.24-02-2026 4/5

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the case, the petitioners above named, are directed to be released on anticipatory bail, in the event of arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail-bonds of Rs. 10,000/-(Rupees Ten Thousand)each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor court in connection with Shahkund P.S. Case No. 108 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure read with corresponding Section 482(2) of BNSS as well as subject to the following conditions:-

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(i) One of the bailors will be a close relative of the petitioners.

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(ii) The petitioners shall remain physically present before the concerned Court on each and every date of the trial and shall cooperate in the investigation.

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(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioners will be liable to be cancelled by the Court concerned.

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(iv) The trial court shall verify the criminal antecedent of the petitioners and in case, at any stage, it is found that the petitioners have concealed their criminal antecedents, the trial

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Patna High Court CR. MISC. No.9638 of 2026(2) dt.24-02-2026 5/5

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court shall take necessary steps for cancellation of bail bonds of the petitioners. However, the acceptance of bail bonds in terms of the above mentioned order shall not be delayed for purpose of or in the name of verification.

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7. It is made clear that the observations, if any, made

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in this order, shall be of no bearing during the trial.

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8. The application stands allowed.

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(Sourendra Pandey, J)

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Gautam/-

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U T

Rohit Kumar v. The State of Bihar

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Rohit Kumar v. The State of Bihar

Case brief

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