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Patna High Court

Raushan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court allowed the petitioner's application for regular bail, subject to conditions.

Summary

The petitioner, Raushan Kumar, was arrested on 23 March 2024 in connection with a case registered under multiple offences of the Indian Penal Code, including sections 341, 324, 326, 307, 379, 511, 34 and later 302. He had been denied bail twice earlier, on 1 October 2024 and 1 August 2025. Counsel for the petitioner argued that he had been falsely implicated and that only one witness had been examined, emphasizing the long period of custody and delay in trial. The State opposed the bail application. Considering the extended custody and trial delay, the Court allowed the regular bail with a cash bond of Rs.10,000 and two sureties, subject to attendance at the police station every Sunday and cooperation with the trial. The bail order was issued by Justice Sandeep Kumar of the Patna High Court.

Issues considered

  • Whether regular bail should be granted to an accused charged with serious offences under the IPC, given the length of custody and delay in trial
  • Whether the petitioner’s claim of false implication and limited evidentiary progress justify bail

Legislation cited

Subjects

  • regular bail
  • Indian Penal Code
  • delay in trial
  • false implication
  • criminal procedure
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13052 of 2026
                    Arising Out of PS. Case No.-19 Year-2024 Thana- HIRAMMA P.S. District- Sheohar
                 ======================================================
                 Raushan Kumar S/o Virendra Rai Resident of Village- Nimahi, P.S.-
                 Hiramma, District- Sheohar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Deepak Kumar, Advocate
                 For the Opposite Party/s :       Mr.Choubey Jawahar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   25-02-2026                   Heard the parties.

                                2. This is the third attempt of the petitioner for grant

                   of regular bail in connection with Hiramma P.S. Case No. 19 of

                   2024 registered for the offence under Sections 341, 324, 326,

                   307, 379, 511 and 34 of the Indian Penal Code and later on

                   Section 302 of Indian Penal Code was added.

                                3. Earlier the bail application of the has been rejected

                   twice vide orders dated 01.10.2024 and 01.08.2025 passed in Cr.

                   Misc. No. 64892/2024 and Cr. Misc. No. 44975/2025

                   respectively.

                                4. Learned counsel for the petitioner submits that

                   petitioner has falsely been implicated in the present case.

                   Learned counsel further submits that the petitioner is in custody

                   since 23.03.2024 and after last rejection, only one witness has
              Patna High Court CR. MISC. No.13052 of 2026(2) dt.25-02-2026
                                                          2/2




                        been examined. The petitioner undertakes to co-operate in the

                        case/ trial.

                                     5. Learned APP for the State has opposed the prayer

                        for regular bail of the petitioner.

                                     6. Considering the period of custody of the petitioner

                        and delay in trial, this application for regular bail is allowed.

                                     7. Accordingly, let the petitioner, above named, be

                        released on bail on furnishing bail bonds of Rs. 10,000/- (Ten

                        Thousand) with two sureties of the like amount each to the

                        satisfaction of the learned Principal Sessions Judge, Sheohar

                        /concerned Court below in connection with Hiramma P.S. Case

                        No. 19/2024 subject to the following conditions:-

                                            (i) The petitioner after being released on bail, is
                                    directed to mark his attendance at Hiramma Police
                                    Station, District- Sheohar on every Sunday of the month.
                                    Any default in appearance at the Police Station will result
                                    in cancellation of bail bonds of the petitioner.
                                            (ii) the petitioner after being released on bail is
                                    directed to co-operate in the trial either by appearing
                                    personally or through his lawyer in the Trial Court on
                                    each and every date fixed by the trial Court. Non-
                                    compliance of the condition will result in cancellation of
                                    the bail bonds of the petitioner.


                                                   (Sandeep Kumar, J)
tusharika/-
U       T


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