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Patna High Court

Raushan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to a bond and specified conditions.

Summary

Raushan Kumar was arrested on 22 November 2025 in connection with a case of assault on the father of an informant, alleged under IPC sections 323, 341, 307, 379, 504 and 34. He applied for bail, arguing that the incident arose from a petty dispute, was a spur‑of‑the‑moment assault without intent to kill, and that his brother, a co‑accused, had already been granted bail. The State opposed bail, highlighting the specific assault allegation and noting that the petitioner has two other pending cases, though he is on bail in one and acquitted in the other. The Court considered the nature of the offence, the petitioner’s criminal antecedent, and the fact that bail had been granted to the co‑accused, and decided to release the petitioner on bail with a bond of Rs.10,000 and several conditions. The bail order includes requirements for cooperation with the trial, presence in court, and provisions for cancellation if evidence is tampered with or criminal antecedents are concealed.

Issues considered

  • What is the appropriate decision on the bail application of the petitioner charged under multiple IPC sections for assault?
  • Whether the petitioner’s prior criminal record and pending cases justify denial of bail?

Legislation cited

Subjects

  • bail
  • assault
  • Indian Penal Code
  • criminal procedure
  • court conditions
  • spurious intent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17770 of 2026
                       Arising Out of PS. Case No.-43 Year-2024 Thana- Manikpur P.S District- Arwal
                 ======================================================
                 Raushan Kumar S/O Lal Mohan Singh Vill.- Chatoi, P.S.- Manikpur, Dist-
                 Arwal

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Saurav Suman, Advocate
                                          :        Mr.Dharam Deepak Vishwash, Advocate
                 For the Opposite Party/s :        Mr.Md. Aslam Ansari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   17-03-2026                      Heard Mr.Saurav Suman, learned counsel for the

                   petitioner and        Mr.Md. Aslam Ansari, learned A.P.P. for the

                   State.

                                 2. The petitioner seeks bail, who is in custody since

                   22.11.2025 in connection with Manikpur P.S. Case No. 43 of

                   2024, F.I.R. dated 25.03.2024 registered for the offence

                   punishable under Sections 323,341,307,379,504 and 34 of IPC.

                                 3. Allegation against the petitioner is that he assaulted

                   to the father of the informant causing injury on his head.

                                 4. Learned counsel appearing for the petitioner

                   submits that it appears from the FIR that due to some petty

                   dispute the present occurrence had taken place. There is case

                   and counter case. Although there is specific allegation against
Patna High Court CR. MISC. No.17770 of 2026(2) dt.17-03-2026
                                            2/3




          the petitioner that he assaulted to one Anil Singh and he has

          received the injury. Learned counsel for the petitioner submits

          that there is no intention to kill anyone and due to spur of

          moment the present occurrence had taken place and co-accused

          person, namely, Manikant Kumar @ Manikant Singh, who is

          brother of the petitioner, has been granted bail by this Court vide

          order dated 09.03.2026 passed in Cr. Misc. No.14932 of 2026

          and the police, after investigation, submitted the chargesheet

          against the petitioner and the petitioner is in custody since

          22.11.2025.

                       5. Learned APP for the State has opposed the prayer

          for bail of the petitioner and submits that there is direct and

          specific allegation of assault attributed against the petitioner and

          the petitioner carries two more cases other than the present one

          but he fairly submits that out of two cases, the petitioner is on

          bail in one case and in another case, the petitioner has been

          acquitted, as mentioned in para-3 of the bail petition.

                       6. Considering the aforesaid fact, 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 learned Chief Judicial Magistrate,

          Arwal in connection with Manikpur                    P.S. Case No. 43 of
               Patna High Court CR. MISC. No.17770 of 2026(2) dt.17-03-2026
                                                           3/3




                         2024,with the following conditions:-

                                      (I) Petitioner shall co-operate in the trial and shall be

                         properly represented on each and every date fixed by the Court

                         and shall remain physically present as directed by the Court and

                         on his/her absence on two consecutive dates without sufficient

                         reason, his/her bail bond shall be cancelled by the Court below.

                                      (II) If the petitioner tampers with the evidence or the

                         witnesses, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (III) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioner and in case at

                         any stage, it is found that the petitioner has concealed his

                         criminal antecedent, the court below shall take step for

                         cancellation of bail bond of the petitioner. 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.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T


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