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Patna High Court

Raushan KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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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