Patna High Court
Raushan KumarversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court refused bail, holding that the seriousness of the allegations and supporting medical evidence warrant the petitioner’s continued custody.
Summary
The petitioner, Raushan Kumar, was arrested on 3 June 2025 in connection with a 2018 case (PS Bahadurpur Case No. 41) alleging offences under Sections 147, 148, 149, 324 and 307 of the Indian Penal Code and Section 27 of the Arms Act. The prosecution contends that the petitioner, along with co‑accused, fired upon an informant, causing a grievous firearm injury, and points to the FIR and medical report as evidence. The petitioner, through counsel Mr. Arvind Kumar Singh, maintains that the FIR is fabricated, he is innocent, and therefore seeks bail. The State, represented by Additional Public Prosecutor Ms. Indu Kumari Srivastava, opposed bail, emphasizing the seriousness of the charges, the nature of the injury, the delay in surrender, and the petitioner’s alleged intent to kill. Justice Rajesh Kumar Verma, after considering the medical evidence and the gravity of the allegations, refused the bail application, concluding that the petitioner should remain in custody.
Issues considered
- Whether bail should be granted to the petitioner given the seriousness of the offences under the IPC and Arms Act
- Whether the delay in surrender and the existence of medical evidence of a grievous firearm injury justify denial of bail
Legislation cited
- Arms Act — s. 27
- Code of Criminal Procedure, 1973 — s. 82, 83
- Indian Penal Code — s. 147, 148, 149, 307, 324
Subjects
- bail
- Indian Penal Code
- Arms Act
- grievous injury
- criminal procedure
- court of law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1730 of 2026
Arising Out of PS. Case No.-41 Year-2018 Thana- BAHADURPUR District- Patna
======================================================
Raushan Kumar S/o Sri Dinanath Prasad Resident of Mohalla - Rampur
Dhobighat, P.S - Bahadurpur, District - Patna Permanent Address - R/o - Bur
Beldari Deluri Math, P.S - Hulashganj, District - Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar Singh, Advocate
For the Opposite Party/s : Ms. Indu Kumari Srivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
5 28-04-2026 Heard Mr. Arvind Kumar Singh, learned counsel for
the petitioner and Ms. Indu Kumari Srivastava, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
03.06.2025 in connection with Bhadurpur P.S. Case No. 41 of
2018, F.I.R. dated 27.02.2018 for the offences punishable under
Sections 147, 148, 149, 324 and 307 of the Indian Penal Code
and Section 27 of the Arms Act.
3. According to prosecution case, this petitioner along
with other accused persons have fired upon the informant due to
which he received firearm injury.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.1730 of 2026(5) dt.28-04-2026
2/3
petitioner is innocent and he has falsely been implicated in the
present case. The allegation as alleged in the FIR is false and
fabricated and the petitioner has not committed any offence as
alleged in the FIR.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that from perusal of the FIR it appears that there is
direct and specific allegation against the petitioner that he has
fired upon the victim due to which he received injury and the
injury report suggest that the injury is a firearm injury and the
same is grievous in nature. Apart from that the FIR has been
instituted in the year 2018 but the petitioner has not chose to
surrender or seek for anticipatory bail from the competent court
of law and when in the year 2025, the process of 82/83 of
Cr.P.C. has been initiated then the petitioner surrenders in the
court below. He further submits that the petitioner has fired
upon the chest of the victim which suggest that he has fired
upon him with an intention to kill him.
6. Considering the nature of allegation supported by
the medical evidence, I am not inclined to enlarge the petitioner
on bail in connection with Bahadurpur P.S. Case No. 41 of 2018
pending in the court of learned Judicial Magistrate 1st Class,
Patna High Court CR. MISC. No.1730 of 2026(5) dt.28-04-2026
3/3
Patna city.
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
Checking your session…