Patna High Court
Raushan Kumar @ RanaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner with conditions of cooperation and personal appearance.
Summary
The petitioner, Raushan Kumar @ Rana, sought bail in a case registered as Ujiarpur P.S. Case No.81 of 2025 under Section 309(4) of the BNS, alleging that the FIR was lodged against unknown miscreants and that his name surfaced only through a confessional statement of co‑accused Vicky Kumar Jha. The prosecution argued that the petitioner had six prior criminal cases and was implicated by the confessional statement. The petitioner contended that no material was recovered from him and that he had been in judicial custody since 16‑04‑2025. The State opposed bail on the ground of the petitioner’s criminal antecedents. After hearing both sides, the court decided to grant bail on the condition that the petitioner cooperate with the trial and appear in court, requiring a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner under Section 309(4) of the BNS despite the confessional statement implicating him.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
Legislation cited
- BNS — s. 309(4)
Subjects
- bail
- Section 309(4) BNS
- confessional statement
- criminal antecedent
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26681 of 2026
Arising Out of PS. Case No.-81 Year-2025 Thana- UJIYARPUR District- Samastipur
======================================================
Raushan Kumar @ Rana S/o- Late Ajay Choudhary Village- Fateha PS-
Bachhwara Distt- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Mritunjay, Advocate
For the Opposite Party/s : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 22-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Ujiarpur P.S. Case No.81 of 2025 registered for the offence
punishable under Section 309(4) of the BNS.
3. The case of the prosecution, in short, is that three
unknown miscreants have looted the bike of the informant.
4. Learned counsel appearing on behalf of the
petitioner has submitted that the FIR was lodged against
unknown miscreants. During course of investigation, one Vicky
Kumar Jha was arrested and he has given his confessional
statement. The name of this petitioner has surfaced in this case
on the basis of confessional statement of Vicky. Learned counsel
for the petitioner has submitted that no recovery has been made
from the possession of the petitioner. Save and except the
Patna High Court CR. MISC. No.26681 of 2026(2) dt.22-04-2026
2/2
confessional statement there is nothing against the petitioner.
During course of investigation, the informant has identified co-
accused Vicky. Learned counsel for the petitioner has further
submitted that petitioner is in judicial custody since 16.04.2025.
5. The application for bail is opposed by learned APP
for the State. Learned APP has submitted that the petitioner is
having criminal antecedent of six cases.
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 with the condition that
the petitioner shall co-operate in the trial and shall remain
physically present on each and every date. 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 court of learned
S.D.J.M., Dalsinghsarai in connection with Ujiyarpur P.S. Case
No.81 of 2025.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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