Patna High Court

Raushan KumarversusThe State of Bihar

Decided: 25 March 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner with a bond and a condition to deposit Rs.12,50,000 within eight months.

Summary

The petitioner, Raushan Kumar, sought regular bail in a criminal case (PS Case No. 340 of 2025) involving alleged offences under sections 318(4), 338, 336(3) and 3(5) of the BNS. The prosecution alleged that the petitioner received Rs. 16,00,000 on the instructions of a co‑accused, Ravi Raushan, as part of a disputed sale agreement. The petitioner claimed innocence, stating that Rs. 3,50,000 had already been returned, part of the money went to a third party, and the remainder was withdrawn by the co‑accused; he offered to deposit Rs. 12,50,000 pending trial outcome. The State opposed the bail. The court, after considering the facts, ordered the petitioner to be released on bail upon furnishing a Rs.10,000 bond with two sureties and conditioned on depositing Rs.12,50,000 in the Civil Court within eight months, subject to the final trial result.

Issues considered

Whether the petitioner is entitled to regular bail despite charges under sections 318(4), 338, 336(3) and 3(5) of the BNS
Whether imposing a monetary deposit of Rs.12,50,000 as a condition of bail is permissible

Legislation cited

BNS — s. 318(4), 336(3), 338, 3(5)

Subjects

regular bail
bail bond
sureties
monetary deposit condition
sections 318
section 336
section 338
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19686 of 2026
                   Arising Out of PS. Case No.-340 Year-2025 Thana- BUXAR MUFFSIL District- Buxar
                 ======================================================
                 Raushan Kumar S/o- Sri Yogendra Rai R/v- Bishunpur Una Chak, P.S-
                 Dighwara, District- Saran

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Satyendra Rai, Advocate
                 For the Opposite Party/s :      Mr.Mithlesh Kumar Khare, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   25-03-2026                       Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 318 (4),

                   338, 336 (3) and 3 (5) of the BNS.

                                3.     37. The case of the prosecution, in brief, is that

                   one Ravi Raushan executed an agreement for sale. It is further

                   alleged that a total sum of Rs. 16,00,000/- was transferred by the

                   informant into the account of the present petitioner on the

                   instructions of the said Ravi Raushan.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in

                   connection with the present case. It is further submitted that, out

                   of the aforesaid amount of Rs. 16,00,000/-, a sum of Rs.
            Patna High Court CR. MISC. No.19686 of 2026(2) dt.25-03-2026
                                                        2/2




                      3,50,000/- has already been returned. It is further submitted that

                      an amount was transferred to the account of one Reena Kumari,

                      and the remaining amount was withdrawn in cash by the co-

                      accused Ravi Raushan. It is further submitted that, without

                      prejudice to his defence, the petitioner is ready to deposit a sum

                      of Rs. 12,50,000/- subject to the outcome of the trial.

                                   5. Learned APP appearing for the state has opposed

                      the prayer of regular bail.

                                   6. Considering the aforesaid facts and circumstances

                      of the case, this court is inclined to enlarge the petitioner on

                      bail. The above named petitioner is directed to be released on

                      bail in connection with Buxar (Muffasil) P.S. Case No. 340 of

                      2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with

                      two sureties of the like amount each to the satisfaction of

                      learned Chief Judicial Magistrate, Buxar,            subject to the

                      condition that the petitioner shall deposit a sum of Rs.

                      12,50,000/- in the account of the Civil Court, Buxar within a

                      period of eight months, subject to the final outcome of the trial.



                                            (Ashok Kumar Pandey, J)
Jagdish/-

U       T

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