Patna High Court
Raushan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Raushan Kumar, sought regular bail in a case registered under Sections 308 and 3(5) of the B.N.S., alleging that he was falsely implicated in a digital transfer of Rs.10,000. The prosecution claimed that unknown miscreants forced an informant to transfer the amount and that a country-made pistol and Rs.10,000 were recovered from the petitioner, who also gave a confessional statement. The petitioner argued innocence, stating the FIR was against unknown persons and that the police had not investigated the source of the digital transfer. The State opposed bail, highlighting three prior criminal cases against the petitioner. After hearing both sides, the court, considering the circumstances and lack of conclusive evidence, ordered the petitioner’s release on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite charges under Sections 308 and 3(5) of the B.N.S.
- Whether the petitioner’s prior criminal antecedents justify denial of bail
- Whether the recovery of a pistol and money, and the confessional statement, constitute sufficient ground to refuse bail
Legislation cited
- B.N.S. — s. 308, 3(5)
Subjects
- regular bail
- criminal antecedent
- Section 308
- Section 3(5)
- B.N.S.
- confessional statement
- digital transfer
- pistol seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28222 of 2026
Arising Out of PS. Case No.-332 Year-2025 Thana- KUNDWACHAINPUR District- East
Champaran
======================================================
Raushan Kumar, S/O Sundeshwar Chaudhary, R/O Vill.- Amwa Tola, Ward
No. 4, P.s.- Kundwachainpur, Dist.- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Prateek Tandon, Advocate
For the Opposite Party/s : Mr.Tapeshwar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 04-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 308 and
3(5) of B.N.S.
3. The case of the prosecution, in short is that
unknown miscreants have stopped the informant and have
forced him to transfer Rs. 10,000/- on scanner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He has
been falsely implicated in this case. Learned counsel for the
petitioner has submitted that the F.I.R. was lodged against
unknown miscreants. The petitioner was apprehended and he
has given his confessional statement. It has further been
Patna High Court CR. MISC. No.28222 of 2026(2) dt.04-05-2026
2/2
submitted that a country made pistol was recovered from the
possession of the petitioner and Rs. 10,000/- was also recovered.
It has further been submitted that in this case, the allegation is
that Rs. 10,000/- was transferred digitally but police has not
investigated on the point as to in whose account, the amount has
been deposited. Petitioner is languishing in judicial custody
since 08.12.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail and has
submitted that petitioner is having criminal antecedent of three
cases of different nature.
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 released on bail in connection with
Kundwachainpur P.S. Case No. 332 of 2025 on furnishing bail
bond of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned C.J.M., East
Champaran, Motihari.
(Ashok Kumar Pandey, J)
lata/-
U T
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