Patna High Court

Raushan Kumar @ Sonu KumarversusThe State of Bihar

Decided: 29 April 2026
Disposal: REJECTED
Bench: RAJESH KUMAR VERMA

Holding

Bail was denied to the petitioner.

Summary

Raushan Kumar was arrested on 16 September 2023 in connection with a case involving a loaded country‑made pistol and cash, and is charged under Section 414 of the Indian Penal Code and Sections 25(1‑B)A, 26 and 35 of the Arms Act. He has been in custody for over two years while the trial remains pending, with the prosecution evidence closed on 6 January 2026 and the case awaiting his statement under Section 313 of the Cr.P.C. The petitioner’s counsel argued that he is innocent and that the trial is not yet concluded, while the prosecution opposed bail citing six prior criminal convictions. The High Court, after considering the stage of the proceedings and the petitioner’s antecedents, refused the bail application and ordered the trial court to expedite the trial.

Issues considered

Whether bail should be granted to the petitioner pending trial for offences under IPC Section 414 and the Arms Act.
Whether the petitioner’s six prior criminal antecedents justify denial of bail.
Whether the current stage of the trial (prosecution evidence closed, pending statement under Sec. 313 Cr.P.C.) affects the grant of bail.

Legislation cited

Arms Act — s. 25(1-B)A, 26, 35
Code of Criminal Procedure — s. 313
Indian Penal Code — s. 414

Subjects

bail
criminal antecedents
IPC 414
Arms Act
Section 313 Cr.P.C.
high court
trial expeditious

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11671 of 2026
                      Arising Out of PS. Case No.-569 Year-2023 Thana- BRAHMPUR District- Buxar
                 ======================================================
                 Raushan Kumar @ Sonu Kumar S/o Ramesh Kumar Resident of village-
                 Nachap, Police Station-Murar, District-Buxar. At present R/o Mohalla - Chini
                 Mill, Buxar, P.S.- Buxar (Town), Distt.- Buxar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Manish Rai Sharma, Advocate
                 For the Opposite Party/s :       Mr. Ram Naresh Ray, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   29-04-2026                     Heard Mr. Manish Rai Sharma, learned counsel for

                   the petitioner and Mr. Ram Naresh Ray, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   16.09.2023 in connection with Brahmpur (Krishnabrahm O.P.)

                   P.S. Case No. 569 of 2023, F.I.R. dated 16.09.2023 for the

                   offences punishable under Section 414 of the Indian Penal Code

                   and Sections 25(1-B)A, 26 and 35 of the Arms Act.

                               3. According to prosecution case, one loaded country

                   made pistol and some cash were recovered from the possession

                   of the petitioner.

                               4. Learned counsel for the petitioner submits that

                   petitioner is innocent and he has falsely been implicated in the
Patna High Court CR. MISC. No.11671 of 2026(3) dt.29-04-2026
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          present case. It appears from the FIR as well as seizure list that

          one loaded country made pistol was recovered from the

          possession of the petitioner. He further submits that the

          petitioner is in custody since 16.09.2023 and the trial has not

          been concluded as yet.

                      5. Vide order dated 25.02.2026 a report was called

          with regard to the present stage of trial. Report of the learned

          Trial Court dated 27.02.2026 reveals that the prosecution

          evidence of the case has been closed on 06.01.2026 and the

          present case is pending for the statement under Section 313 of

          the Cr.P.C.

                      6. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner on the

          ground that the petitioner carries six criminal antecedents other

          than the present one.

                       7. Considering the aforesaid facts and circumstances

          as well as report of the learned Trial Court, I am not inclined to

          enlarge the petitioner on bail in connection with Brahmpur

          (Krishnabrahm O.P.) P.S. Case No. 569 of 2023 pending in the

          court of learned CJM, Buxar.

                       8. Prayer is refused.
            Patna High Court CR. MISC. No.11671 of 2026(3) dt.29-04-2026
                                                        3/3




                                   9. However, learned Trial Court is directed to expedite

                      and conclude the trial at the earliest.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T

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