Patna High Court
Raushan KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court refused to grant bail to the petitioner.
Summary
The petitioner, Raushan Kumar, was arrested in connection with a case registered under Sections 25(1‑b)A, 26 and 35 of the Arms Act after a pistol was recovered from the crime scene. The prosecution’s case relied on the confessional statement of a co‑accused, Tinku Kumar, which named the petitioner, although no weapon was found in his possession. The petitioner contended that he was falsely implicated, highlighted his lack of incriminating evidence, and offered to cooperate with the trial despite having eight prior criminal antecedents. The State, represented by an Additional Public Prosecutor, opposed the grant of regular bail. The Court, after considering the petitioner’s criminal history and the seriousness of the offences, declined to grant bail. Consequently, the bail application was dismissed.
Issues considered
- Whether bail should be granted to the petitioner under the Arms Act charges given the confessional statement of a co‑accused and the petitioner’s criminal antecedents.
Legislation cited
- Arms Act — s. 25(1-b)A, 26, 35
Subjects
- bail
- Arms Act
- criminal antecedents
- confessional statement
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23630 of 2026
Arising Out of PS. Case No.-37 Year-2023 Thana- VAISHALI District- Vaishali
======================================================
Raushan Kumar Son of Sikinder Patel @ Sikindra Patel @ Sakindra Patel
Resident of Village- Chochahi Chhapra Tole @ Chochahi Chhapra, P.S.-
Paroo, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Yugal Kishore, Advocate
For the Opposite Party/s : Mr.Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Vaishali P.S. Case No. 37/2023 registered for the offences
punishable under Sections 25(1-b)A, 26/35 of Arms Act.
3. As per the prosecution case, one country made
pistol was recovered from the place of occurrence.
4. The name of the petitioner has come in the
confessional statement of one co-accused namely Tinku Kumar.
Petitioner is in custody since 20.09.2025.
5. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the case. No
incriminating articles has been recovered from his possession.
Patna High Court CR. MISC. No.23630 of 2026(2) dt.15-04-2026
2/2
Learned counsel further submits that he has eight criminal
antecedents. The petitioner undertakes to co-operate in the case/
trial.
6. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
7. Considering the aforesaid submissions as well as
the criminal antecedents of the petitioner, this Court is not
inclined to grant bail to the petitioner.
8. Accordingly, this application stands dismissed.
(Sandeep Kumar, J)
tusharika/-
U T
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