Patna High Court
Raushan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The bail petition was dismissed, and the petitioner was denied bail.
Summary
Raushan Kumar petitioned for bail in a case registered under Sections 103 and 3(5) of the B.N.S. and later Section 27 of the Arms Act. The prosecution alleges that the brother of an informant was killed by unknown gunmen and that a pistol used in the crime was recovered from a co‑accused’s house. The petitioner’s name does not appear in the FIR; it surfaced only through a co‑accused’s confessional statement, and he has a prior criminal record. The State opposed bail, citing the seriousness of the offences, the recovered weapon, and the petitioner’s antecedents. The High Court, after considering the investigation material and the gravity of the offences, rejected the bail application and directed the trial court to complete the trial within one year.
Issues considered
- Whether bail should be granted to the petitioner given the nature of the offences under the B.N.S. and Arms Act.
- Whether the confessional statement of a co‑accused and recovery of a pistol constitute sufficient grounds to deny bail.
- Whether the petitioner’s prior criminal antecedent warrants refusal of bail.
Legislation cited
Subjects
- bail
- criminal antecedent
- Arms Act
- B.N.S.
- confessional statement
- charge sheet
- trial expediting
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1 of 2026
Arising Out of PS. Case No.-33 Year-2025 Thana- IMAMGANJ District- Gaya
======================================================
Raushan Kumar son of Bhola Manjhi Resident of Village - Banke Bazar, P S
-Banke Bazar District -Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Abhishek, Advocate
For the State : Mr. Pranav Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 13-02-2026 Heard learned counsel for the petitioner, learned
A.P.P. for the State and learned counsel for the informant.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 103 and 3(5) of the B.N.S.
and later on, Section 27 of the Arms Act was added.
3. As per prosecution case, it is alleged that while
brother of informant, namely Santosh Kumar, was returning
home after collection money from the customers, in the
meantime, three unknown miscreants killed him by firing gun
shots.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has committed no offence.
Patna High Court CR. MISC. No.1 of 2026(2) dt.13-02-2026
2/3
Informant is not an eye witness to the occurrence. Petitioner is
not named in the F.I.R.. Name of petitioner transpired in this
case during investigation merely on the basis of confessional
statement of co-accused person. Moreover, charge-sheet has
already been submitted and petitioner is in custody since
25.04.2025.
5. On the other hand, learned A.P.P. for the State and
learned counsel for the informant have vehemently opposed the
prayer for grant of bail to the petitioner and submitted that name
of petitioner transpired in this case during investigation and on
the disclosure of this petitioner, one country made pistol, which
was used in commission of the offence, was recovered from the
house of co-accused Deepak Kumar. Petitioner has got one
criminal antecedent.
6. Considering the facts and circumstances of the
case, materials that have surfaced during course of investigation,
gravity of offence and criminal antecedent of the petitioner, the
prayer for grant bail of to the petitioner is rejected.
7. However, considering the fact that petitioner is in
custody since 25.04.2025, the learned trial court is directed to
expedite the trial and conclude the same, preferably within a
Patna High Court CR. MISC. No.1 of 2026(2) dt.13-02-2026
3/3
period of one year from the date of receipt/production of a copy
of this order.
(Prabhat Kumar Singh, J)
shashank/-
U T
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