Patna High Court
Raushan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Indian Penal Code — s. 307, 323, 34, 341, 379, 504
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
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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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