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Patna High Court

Raushan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that the petitioner is entitled to pre‑arrest bail, subject to bond and conditions, as the allegations do not preclude bail.

Summary

Raushan Kumar, now 19 but a minor when the FIR was lodged in 2023, sought pre‑arrest bail for offences under IPC sections 341, 323, 379, 354, 307, 504, 506, 34 and Arms Act section 27. The FIR alleged that he, along with co‑accused, fired at an informant, assaulted the informant with the butt of a pistol, and stole jewellery from the informant's mother. The petitioner argued that he was a minor at the time, has a clean antecedent, and the injury was simple, thus warranting bail. The State opposed, contending his participation in the assault precludes bail. The Court, noting his minority at the time of the alleged act, clean record, and the non‑vital nature of the injury, granted pre‑arrest bail subject to a Rs 10,000 bond, two sureties, and conditions under Section 482(2) of the Criminal Procedure Code, directing the district court to verify any other criminal antecedents.

Issues considered

  • Whether a person who was a minor at the time of the alleged offence is entitled to pre‑arrest bail.
  • Whether the seriousness of the offences (including attempted murder, assault, theft and arms offences) bars the grant of bail.
  • Whether a clean antecedent and the nature of the injury justify the grant of pre‑arrest bail.
  • Whether bail can be conditioned under Section 482(2) of the Criminal Procedure Code.

Legislation cited

Subjects

  • pre‑arrest bail
  • minority
  • IPC offences
  • Arms Act
  • clean antecedent
  • Bihar High Court
  • Section 482(2) CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2823 of 2026
                     Arising Out of PS. Case No.-957 Year-2023 Thana- GAYA MUFASIL District- Gaya
                 ======================================================
                 Raushan Kumar, Male, aged about 19 years, son of Shivshankar Kumar @
                 Shiv Shankar Kumar @ shivshankar Yadav Resident of Village- Manjhauli,
                 Post -Makhdumpur, PS- Tankuppa, District -Gaya          ... ... Petitioner/s
                                                 Versus
                 The State of Bihar                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Madhu Prasun, Advocate
                 For the Opposite Party/s :       Mr.Md. Aslam Ansari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER
3   01-04-2026                         Heard Mr. Madhu Prasun, learned counsel

                   appearing on behalf of the petitioner and Mr. Md. Aslam Ansari,

                   learned APP for the State.

                                 2. The petitioner seeks pre-arrest bail in connection

                   with Mufassil P.S. Case No. 957 / 2023 registered for the

                   offence(s)                 punishable              under              Sections

                   341/323/379/354/307/504/506/34 of the Indian Penal Code and

                   Section 27 of the Arms Act.

                                 3. As per the allegation made in the FIR, which was

                   lodged on 07.09.2023, the petitioner along with other co-

                   accused had allegedly fired upon the informant with an intention

                   to kill. When the mother of the informant came to his rescue,

                   then the accused persons misbehaved with her and also snatched

                   the gold chain and earring from her.

                                 4. Learned counsel appearing on behalf of the

                   petitioner submitted that at the time the FIR was lodged in 2023,
Patna High Court CR. MISC. No.2823 of 2026(3) dt.01-04-2026
                                            2/3




          the petitioner was a minor. As such, there was no occasion for

          the petitioner to be apprehended, and consequently, he did not

          avail appropriate remedy. Learned counsel further submitted

          that the petitioner is neighbour of the informant and due to

          admitted enmity between them, the petitioner has been roped in

          the present FIR on the basis of false accusation. Petitioner has

          clean antecedent. On these grounds, petitioner seeks to be

          released on pre-arrest bail.

                        5. Learned APP for the State vehemently opposed the

          prayer for grant of pre-arrest bail and submitted that, although

          the specific allegation of firing upon the informant is attributed

          to co-accused Rahul Kumar, the petitioner had also participated

          in the alleged offence by assaulting the informant by butt of the

          pistol and, as such, the petitioner don’t deserve to be released on

          pre-arrest bail.

                        6. Having heard the rival submissions made on

          behalf of the parties, as well as, having perused the allegation

          made in the FIR, presently, the petitioner is 19 years old as

          would appear from the cause title of the present bail application

          and as such he was minor when the FIR was lodged in the year

          2023. Allegation against the petitioner is that he had assaulted

          by means of butt of pistol to the informant, however, as per the
            Patna High Court CR. MISC. No.2823 of 2026(3) dt.01-04-2026
                                                        3/3




                      opinion of the doctor, the injury sustained by the informant is

                      simple in nature and same is not on the vital part of the body. I

                      am of the opinion that the petitioner, who is having clean

                      antecedent, has, prima facie, made out a case to be released on

                      pre-arrest bail.

                                   7. The petitioner, above named, is directed to be

                      released on pre-arrest bail, in the event of his arrest or surrender

                      before the learned District Court within a period of four weeks

                      from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten

                      Thousand) with two sureties of the like amount each to the

                      satisfaction of learned Chief Judicial Magistrate, Gaya /

                      Concerned Court in connection with Mufassil P.S. Case No. 957

                      / 2023, subject to the conditions as laid down under Section

                      482(2) of the BNSS.

                                   8. The learned District Court is directed to verify the

                      criminal antecedent of the petitioner and if it is found that the

                      petitioner is involved in some other cases, as what has been

                      stated in paragraph no.3 of the bail application, this order will

                      automatically lose its force.


                                                (Purnendu Singh, J)
Sanjay/-
U       T


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