Patna High Court
Raushan Kumar @ FighterversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that bail should be granted, subject to a bond and sureties, given the nature of the accusation and the period of pre‑trial custody.
Summary
The petitioner, Raushan Kumar, was arrested in connection with the murder of his grandson and was in custody since 13 August 2025. The FIR was lodged against an unknown person, and the petitioner’s name was implicated based on a confessional statement of co‑accused Mukesh Kumar, who had already been granted bail. The petitioner sought bail under Sections 103(1) and 3(5) of the Bihar Narcotic Substances Act, 2023, while the State opposed the application. The Court examined the seriousness of the accusation and the length of the petitioner’s pre‑trial detention. Considering these factors, the Court ordered the petitioner’s release on bail upon furnishing a bail bond of Rs.10,000 with two sureties. The order was pronounced by Justice Prabhat Kumar Singh on 18 February 2026.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the accusation and the existence of a confessional statement against him.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 103(1), 3(5)
Subjects
- bail
- pre‑trial detention
- confessional statement
- co‑accused
- criminal procedure
- narcotic offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11068 of 2026
Arising Out of PS. Case No.-300 Year-2025 Thana- SAHPUR District- Patna
======================================================
Raushan Kumar @ Fighter S/O Mukesh Kumar @ Mukesh Singh Village-
Hathiya Kand Sarai, PS- Shahpur, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Akhauri Kamal Kishore Sahay
For the Opposite Party/s : Mr.Binod Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 18-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for
offence under Sections 103(1), 3(5) of the B.N.S., 2023.
3. Informant, namely, Devendra Singh, alleged that on
17.07.2025, at about 03:30 A.M., one villager informed that
informant’s grandson has been killed and on reaching there, the
informant saw the dead body of his grandson and also saw
bruises on his head.
4. F.I.R. was lodged against unknown. Petitioner’s
name has come in this case during course of investigation on the
basis of confessional statement of co-accused Mukesh Kumar,
who has already been granted bail by this Court, vide order
dated 31.01.2026 passed in Cr.Misc. No. 88389 of 2025.
Patna High Court CR. MISC. No.11068 of 2026(2) dt.18-02-2026
2/2
Petitioner is in custody since 13.08.2025. Chargesheet has been
submitted.
5. Learned A.P.P. for the State opposes the prayer for
bail.
6. Considering the nature of accusation and period of
custody, let the above named petitioner 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
S.D.J.M., Danapur (Patna) in connection with Shahpur P.S. Case
No. 300 of 2025.
(Prabhat Kumar Singh, J)
anay
U T
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