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Patna High Court

Raushan Kumar @ Roshan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner, subject to a bond and conditions, as the charge‑sheet was already filed and no compelling reason to deny bail was found.

Summary

The petitioner, Raushan Kumar, was arrested during a raid on a house where a loaded pistol and a mobile phone were seized from him. He was charged under Sections 310(4), 310(5), 317(5) of the B.N.S. and Sections 25(1‑Ba), 26 and 35 of the Arms Act. The petitioner argued that the search and seizure were conducted without an independent witness, violating mandatory provisions, and sought bail after being in custody since 7 December 2025. The State opposed the bail application. The Court, noting that the charge‑sheet had already been filed and considering the circumstances, ordered the petitioner to be released on bail upon furnishing a bond of Rs 10,000 with two sureties, subject to conditions of appearance and a family member as one bailor.

Issues considered

  • Whether bail should be granted to the accused under the provisions of the B.N.S. and the Arms Act despite the seriousness of the offences.
  • Whether the alleged violation of search‑seizure procedures warrants denial of bail.

Legislation cited

  • Arms Act — s. 25(1‑Ba), 26, 35
  • B.N.S. — s. 310(4), 310(5), 317(5)

Subjects

  • bail
  • search and seizure
  • Arms Act
  • B.N.S.
  • criminal procedure
  • charge sheet

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19425 of 2026
                      Arising Out of PS. Case No.-425 Year-2025 Thana- ROSERA District- Samastipur
                 ======================================================
                 Raushan Kumar @ Roshan Kumar S/O Amal Yadav Resident of Village-
                 Chak Mahuli, Police Station- Rosera, District Samastipur.
                                                                              .. ... Petitioner/s
                                                   Versus
                 The State of Bihar                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Pratik
                 For the Opposite Party/s :        Mr.Ram Anurag Singh
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

3   09-06-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Sections 310(4), 310(5), 317(5) of the

                   B.N.S. and Section 25(1-B)a, 26 and 35 of the Arms Act.

                                3. As per FIR, petitioner along with other accused

                   persons are involved in committing loot within the jurisdiction of

                   different police station. It is alleged that on search, one country

                   made loaded pistol and one Vivo company mobile phone was

                   recovered from the possession of the petitioner.

                                4. Learned counsel for the petitioner submits that it

                   would be evident from perusal of the First Information Report

                   itself that a raid was conducted in the house of one Rohit Kumar

                   and the petitioner was arrested from the said house and from his

                   possession one country made loaded pistol and a mobile phone

                   was recovered. It is further submitted that there was no

                   independent witness to the search and seizure as such mandatory
             Patna High Court CR. MISC. No.19425 of 2026(3) dt.09-06-2026
                                                         2/2




                       provisions have been violated. The petitioner is in custody since

                       07.12.2025 and the charge-sheet has been submitted.

                                    5. Learned APP for the State has opposed the

                       application for bail.

                                        6.    Taking     into    consideration   the   facts   and

                       circumstances and also considering the fact that the charge-sheet

                       has already been submitted, let the above named petitioner, be

                       enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees

                       Ten Thousand) with two sureties of the like amount each to the

                       satisfaction of the learned court below where the case is

                       pending/successor court in connection with Rosera P.S. Case No.

                       425 of 2025, subject to the conditions that:

                                        (I) One of the bailors would be the family member

                       or relative.

                                        (II) The petitioner would appear physically on each

                       and every date in the learned court below and would cooperate in

                       the conclusion of trial and if the petitioner does not appear on two

                       consecutive dates without any substantial and satisfactory reason,

                       the learned court below would be at liberty to cancel his bail

                       bonds.


                                                 (Soni Shrivastava, J)
devendra/-
U      T


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