Patna High Court
Raushan Kumar @ Prakash Kumar @ BaggaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner subject to a bond and verification of his criminal antecedent.
Summary
The petitioner, Raushan Kumar, applied for bail in a case registered as Belaganj P.S. Case No. 370 of 2025 under Section 304(2) of the B.N.S., 2023, alleging that he was falsely implicated. The prosecution alleged that two unknown persons stole a purse containing Rs. 2 lakh, and the petitioner’s name surfaced only through the confessional statement of a co‑accused, Akshay Kumar, from whom a modest amount of Rs. 11,500 was recovered. The petitioner contended that no material was recovered from his possession and that he has been in judicial custody since 23‑12‑2025. The State opposed bail, citing a prior criminal case against the petitioner. After hearing both sides, the court granted bail on a bond of Rs. 10,000 with two sureties, directing the trial court to verify the petitioner’s criminal antecedent and cancel the bail if more than one prior case is found.
Issues considered
- Whether bail should be granted to the accused under Section 304(2) of the B.N.S., 2023 in view of the alleged lack of direct evidence against him.
- Whether the petitioner’s prior criminal antecedent warrants denial of bail.
Legislation cited
- B.N.S., 2023 — s. 304(2)
Subjects
- bail
- Section 304(2) B.N.S.
- criminal antecedent
- confessional statement
- co‑accused
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23795 of 2026
Arising Out of PS. Case No.-370 Year-2025 Thana- BELAGANJ District- Gaya
======================================================
Raushan Kumar @ Prakash Kumar @ Bagga Son of Manoj Kumar @ Manoj
Prasad Resident of village - Makhdumpur Dih, P.S.- Makhdumpur, Distt.-
Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Verma, Advocate
For the Opposite Party/s : Mr. Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 24-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Belaganj P.S. Case No. 370 of 2025 registered for the
offence punishable under Section 304(2) of the B.N.S., 2023.
3. The case of the prosecution, in short, is that two
unknown miscreants took the purse of the informant containing
Rupees Two lakhs.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that during the course of the investigation,
one Akshay Kumar was apprehended by the police, and from his
Patna High Court CR. MISC. No.23795 of 2026(2) dt.24-04-2026
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possession altogether, Rs. 11,500/- was recovered. He also
submits that the name of this petitioner has surfaced on the basis
of the confessional statement of co-accused, namely, Akshay
Kumar. He further submits that nothing has been recovered from
the possession of this petitioner. Save and except the
confessional statement of the co-accused, there is nothing
against the petitioner. Moreover, the petitioner is languishing in
judicial custody since 23.12.2025.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner has criminal
antecedent of one case.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Gaya in connection with Belaganj P.S. Case
No. 370 of 2025.
7. The learned trial court is directed to verify the
criminal antecedent of the petitioner before accepting his bail
bond and if it is found that the petitioner has criminal antecedent
Patna High Court CR. MISC. No.23795 of 2026(2) dt.24-04-2026
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of more than one case, then the bail bond of the petitioner will
be cancelled.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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