Patna High Court
Raushan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The Court rejected the petitioner's application for regular bail.
Summary
The petitioner, Raushan Kumar, applied for regular bail in a case registered under sections 307, 341, 323, 324, 379 and 34 of the Indian Penal Code, alleging false implication. The prosecution alleged that the petitioner, along with three co‑accused, attacked the son of an informant with a knife, causing grievous injuries. The petitioner, a student with no prior criminal record, argued that the co‑accused had already been granted anticipatory bail and that he would cooperate with the investigation. The State opposed the bail, emphasizing the seriousness of the injuries documented in the medical report. After considering the injury report and the seriousness of the offences, the Court declined to grant bail, allowing the petitioner to re‑apply after six months.
Issues considered
- Whether the petitioner is entitled to regular bail despite allegations of causing grievous injury under IPC sections 307, 341, 323, 324, 379 and 34.
- Whether the seriousness of the alleged offence and the medical evidence justify denial of bail.
Legislation cited
- Indian Penal Code — s. 307, 323, 324, 34, 341, 379
Subjects
- regular bail
- grievous injury
- Indian Penal Code
- false implication
- anticipatory bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14178 of 2026
Arising Out of PS. Case No.-768 Year-2023 Thana- AHIYAPUR District- Muzaffarpur
======================================================
Raushan Kumar, Son of Durga Sah, R/o Village- Mahmudpur, P.S.- Ahiyapur,
District - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Aditi Medha, Advocate
For the Opposite Party/s : Mr. Satyendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 12-03-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Ahiyapur P.S. Case
no.768 of 2023 registered under sections 307, 341, 323, 324,
379 and 34 of the Indian Penal Code.
3. As per the prosecution case, the four accused
persons are said to have come variously armed. It is stated that
the petitioner is said to have given a knife blow on the head of
the son of the informant leading to grievous injuries.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. There is case
and counter case between the parties, the correct version having
been given in the counter case, F.I.R. of which is Annexure-2 to
the petition. Co-accused Pankaj Kumar @ Badal, Rahul Kumar
Patna High Court CR. MISC. No.14178 of 2026(2) dt.12-03-2026
2/2
and Durga Sah have been enlarged on anticipatory bail vide
orders brought on record as Annexures-3 & 4 to the petition.
The petitioner is in custody since 14.12.2025 and has no
criminal antecedent. He is a student and undertakes to cooperate
in the investigation.
5. The application for bail is opposed by learned
A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioner in
the F.I.R. wherein the petitioner is said to have given a knife
blow on the head of the son of the informant, the contents of the
injury report of the informant’s son which has been reproduced
in paragraph no.5 of the order of the learned trial Court rejecting
the application for bail of the petitioner wherein corresponding
injuries have been found on the person and which have been
opined to be grievous in nature, the Court is not inclined to
enlarge the petitioner on bail and the application is rejected.
7. Liberty is granted to the petitioner to renew his
prayer for bail after six months.
(Partha Sarthy, J)
avinash/-
U T
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