Raushan KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19358 of 2026
                       Arising Out of PS. Case No.-489 Year-2025 Thana- KAKO District- Jehanabad
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           1.     Raushan Kumar S/o- Late Raju Yadav @ Raju Kumar R/o Vill-
                  Misharbigha, P.S- Kako, Ditt.- Jehanabad at Present R/o vill- Darbaribigha,
                  P.S.- Parasbigha, DIstt- Jehanabad
           2.     Kanti Devi W/o- Late Raju Yadav @ Raju Kumar R/o Vill- Misharbigha,
                  P.S- Kako, Ditt.- Jehanabad at Present R/o vill- Darbaribigha, P.S.-
                  Parasbigha, DIstt- Jehanabad
                                                                         ... ... Petitioners
                                                 Versus
                 The State of Bihar
                                                                   ... ... Opposite Party
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                 Appearance :
                 For the Petitioner/s     :       Mr. Amresh Kumar Sinha, Advocate
                 For the Opposite Party/s :       Mr. Chandra Sen Prasad Singh, APP
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                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

5   24-06-2026                     Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                   2. In the present case, the petitioners seek bail in

                   connection with Kako P.S. Case No. 489 of 2025 dated

                   21.12.2025, registered for the offences punishable under Section

                   103(1) read with Section 3(5) of the B.N.S., 2023 and Section

                   27 of the Arms Act.

                                   3. As per the prosecution case, son of the informant

                   was shot at by two youths who fired upon him indiscriminately.

                   The deceased, while being taken to hospital, told the informant

                   that he was shot at by his son Sunny @ Ritesh. During

                   treatment, the son of the informant died. The petitioners are

                   another son and wife of the deceased.
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                          4. Learned counsel appearing on behalf of the

          petitioners submits that petitioners are innocent and they have

          falsely been implicated in the present case. In the FIR the

          petitoners have not been named but they have been named

          subsequently when the restatement of the informant was

          recorded, who developed a story of conspiracy of murder of his

          son, who is none else but the brother of petitioner no. 1 and

          husband of petitioner no. 2. But the informant has himself

          hatched this conspiracy in order to grab the land of the

          petitioners. He further submits that from the FIR, also it is

          evident that petitioner no. 1 was sitting at the place of

          occurrence before the occurrence. Therefore, the informant did

          not name him in the fardbeyan at that time. Therefore, there is

          no material against the petitioners to show their involvement in

          the killing of the son of the informant. Learned counsel next

          submits that petitioners are having clean antecedent and

          chargesheet has been submitted. Learned counsel lastly submits

          that petitioners are in custody since 28.12.2025.

                          5. Learned A.P.P. appearing on behalf of the State

          opposes the submissions made on behalf of the petitioners.

                          6. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the
          Patna High Court CR. MISC. No.19358 of 2026(5) dt.24-06-2026
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                    vague and doubtful nature of allegation against the petitioners,

                    their period of custody and submission of chargesheet, the

                    petitioners, above-named, are directed to be released on bail, on

                    furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand

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

                    satisfaction of learned Sub-Divisional Judicial Magistrate,

                    Jehanabad / concerned Court, in connection with Kako P.S.

                    Case No. 489 of 2025, subject to the condition laid down under

                    Section 480(3) of the B.N.S.S. and other following conditions:

                                    (i) One of the bailors will be a close relative of the

                    petitioners.

                                    (ii) The petitioners will remain present on each and

                    every date fixed by the court below, if so required by the learned

                    trial Court.

                                    (iii) In case of absence on three consecutive dates

                    or in violation of the terms of the bail, the bail bond of the

                    petitioners will be liable to be cancelled by the Court

                    concerned.



                                                              (Arun Kumar Jha, J)

Shahnawaz/-
U     T