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Patna High Court

Raushan KumarversusThe State of Bihar

Decided
Disposal
REJECTED

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

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
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          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


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