Patna High Court
Raushan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioners with specified conditions.
Summary
Petitioners Raushan Kumar and Nitish Kumar were arrested on 5 February 2026 in connection with an FIR alleging assault on the informant's children under several sections of the Bihar Narcotic Substances Act, 2023. They sought bail, claiming a clean criminal record and that the injuries inflicted were minor. The State opposed bail, highlighting that the petitioners have 18 other pending cases, with three still under consideration. The court examined the FIR, noting the allegations were general and the injuries simple, and considered the petitioners' clean antecedent. Consequently, the court granted bail on a bond of Rs.10,000 each with two sureties and imposed conditions regarding trial cooperation, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether bail should be granted to the petitioners despite multiple pending criminal cases.
- Whether the nature of the alleged assault and the petitioners' clean antecedent justify bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(3), 352
Subjects
- bail
- criminal procedure
- assault
- clean antecedent
- surety
- high court
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25427 of 2026
Arising Out of PS. Case No.-53 Year-2026 Thana- NEMDARGANJ District- Nawada
======================================================
1. Raushan Kumar S/O Sri Rameshwar Yadav
2. Nitish Kumar Son of Sri Rameshwar Yadav
Both are resident of village-Nandlalbigha, P.S.- Nemdarganj, District-
Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Kumar Sinha, Advocate
For the Opposite Party/s : Mr.Ramesh Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 20-04-2026 Heard Mr.Vijay Kumar Sinha, learned counsel for the
petitioners and Mr.Ramesh Chandra, learned Additional Public
Prosecutor for the State.
2. The petitioners seek bail, who are in custody since
05.02.2026 in connection with Nemdarganj P.S. Case No. 53 of
2026, F.I.R. dated 04.02.2026 registered for the offence
punishable under Sections 126(2), 115(2), 118(1), 109, 303(2),
351(3), 352, 3(5) of BNS, 2023.
3. Allegation against the petitioners is that they
assaulted the son and daughter of the informant with rod, khanti
etc. on their head as a result of which they were injured.
4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.25427 of 2026(3) dt.20-04-2026
2/3
petitioners have clean antecedent. From a bare perusal of the
FIR it appears that due to some petty dispute, the present
occurrence had taken place. Although the petitioners are named
in the FIR but from a bare perusal of the FIR it appears that
there is no specific allegation of any assault or overt-act
attributed against the petitioners rather there is general and
omnibus allegation against all the accused persons including the
petitioners. Although some of the persons from the informant’s
side have received the injury but the injury report of the injured
persons suggests that the injury is simple in nature caused by the
hard and blunt substance and the petitioners are in custody since
05.02.2026.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner and submits that the
petitioner carries 18 more cases other than the present one, out
of 18 cases, the petitioner is on bail in 15 cases and rest three
cases are pending for consideration before the competent court
of law, as mentioned in para-3 of the bail petition.
6. Considering the aforesaid facts, petitioners have
clean antecedent and injury inflicted upon the injured persons is
simple in nature, let the petitioners, above named, be released on
bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) each
Patna High Court CR. MISC. No.25427 of 2026(3) dt.20-04-2026
3/3
with two sureties of the like amount each to the satisfaction of
learned A.C.J.M.-I, Nawada in connection with Nemdarganj P.S.
Case No. 53 of 2026,with the following conditions:-
(I) Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
(II) If the petitioners tamper with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage, it is found that the petitioners have concealed their
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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