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Patna High Court

Raushan @ Raushan Raj @ Raushan Kumar Yadav @ Raushan KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Bail was denied because the petitioner failed to explain his role in the shooting and no fresh ground for release was shown, given the gravity of the offence and the trial’s advanced stage.

Summary

The petitioner, Raushan Yadav, was charged under Sections 103(1) and 3(5) of the B.N.S. and Section 27 of the Arms Act for allegedly calling and shooting the deceased. He applied for regular bail, arguing that he had been in custody since 23 May 2025 and that the trial was nearing completion with only one witness left. The State opposed the bail, emphasizing the seriousness of the alleged murder and the lack of any fresh ground for release. The Court noted that the petitioner had not explained how the shooting occurred, and that the gravity of the offence and the stage of the trial did not warrant bail. Consequently, the Court dismissed the bail application, reiterating that its observations were limited to this application and did not prejudice the trial’s merits.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the seriousness of the offence and the stage of the trial
  • Whether the petitioner has provided any fresh ground or explanation to justify bail

Legislation cited

Subjects

  • bail
  • criminal procedure
  • murder
  • arms act
  • trial stage
  • gravity of offence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25714 of 2026
                     Arising Out of PS. Case No.-140 Year-2025 Thana- SAHEBPUR KAMAL District-
                                                        Begusarai
                 ======================================================
                 Raushan @ Raushan Raj @ Raushan Kumar Yadav @ Raushan Kumar S/o
                 Late Jai Jai Ram Yadav @ Jhoho @ Jhojho Yadav Resident of village -
                 Samastipur Tola, Sadipur Tola, Sadipur, Ward No. 02, P.S - Sahebpur Kamal,
                 District - Begusarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr.Abhishek Kumar, Advocate
                 For the State          :        Mr.Madhura Nand Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   06-05-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. This is the second attempt on behalf of the

                   petitioner for grant of bail in connection with Sahebpur Kamal

                   P.S. Case No. 140 of 2025 registered for the offence under

                   Sections 103(1), 3(5) of the B.N.S. and Section 27 of the Arms

                   Act.

                                 3. Earlier the bail application of the petitioner has

                   been rejected vide order dated 09.09.2025 passed in Cr. Misc.

                   No. 61085 of 2025, which reads as under:

                                            “Heard the learned counsel for the
                                 petitioner and learned APP for the State. 2. The
                                 petitioner seeks regular bail in connection with
                                 Sahebpur Kamal P.S. Case No. 140 of 2025
Patna High Court CR. MISC. No.25714 of 2026(2) dt.06-05-2026
                                            2/3




                       registered for the offence under Sections 103(1),
                       3(5) of the B.N.S. and Section 27 of the Arms
                       Act.
                                  3. As per the prosecution case, the
                       petitioner is accused of killing the deceased. It is
                       alleged that the petitioner called the deceased
                       and shot at him.
                                  4. Learned counsel for the petitioner
                       submits that the petitioner is innocent and has
                       not committed any offence. The petitioner is in
                       custody since 23.05.2025.
                                  5. Learned A.P.P. appearing for the
                       State has vehemently opposed the prayer for
                       bail.
                                  6. It is for the petitioner to explain
                       how the deceased was shot at but the petitioner
                       has not explained the same, therefore, the role of
                       the petitioner in this crime cannot be doubted.
                                  7. Considering the aforesaid facts and
                       circumstances, I am not inclined to grant bail to
                       the petitioner.
                                  8. Accordingly, this application for
                       regular bail is hereby rejected.”

                       4. Learned counsel for the petitioner submits that the

          petitioner is in custody since 23.05.2025 and therefore, he

          deserves bail.

                       5. Learned counsel for the informant has submitted

          that the trial is on the verge of conclusion and only one witness

          is left to be examined.

                       6. Considering the gravity of the offence, the fact that

          the trial is on the verge of conclusion and no fresh ground for

          grant of bail is made out, I am not inclined to review my earlier

          order.
           Patna High Court CR. MISC. No.25714 of 2026(2) dt.06-05-2026
                                                       3/3




                                  7. Accordingly, the application stands dismissed.

                                  8. It is, however, clarified that the observations made

                     herein are limited to the adjudication of the present bail

                     application and shall not prejudice the case of the petitioner at

                     any subsequent stage of the trial and this Court has not express

                     any opinion on the merits of the case.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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