Patna High Court
Raushan Kumar @ Rana @ Gandharaw Kumar ChoudharyversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court denied bail, holding that the gravity of the offences and the evidentiary material warranted the dismissal of the bail application.
Summary
The petitioner, Raushan Kumar, was arrested in connection with a robbery at Ashok Paper Mill where armed assailants fired, injuring two persons. He sought regular bail for offences under Sections 118(2), 324(2), 3(5) of the B.N.S. and Section 27 of the Arms Act. The prosecution opposed bail, citing the petitioner’s name appearing in a self‑inculpatory statement of a co‑accused and his eight prior criminal antecedents. The petitioner’s counsel argued false implication and offered cooperation with the trial. The Court, considering the seriousness of the offences and the evidentiary material, declined to grant bail and dismissed the application.
Issues considered
- Whether the petitioner is entitled to regular bail for offences under the B.N.S. and Arms Act.
- Whether the presence of the petitioner’s name in a co‑accused’s self‑inculpatory statement justifies denial of bail.
- Impact of the petitioner’s prior criminal antecedents on bail eligibility.
Legislation cited
Subjects
- bail
- criminal procedure
- Arms Act
- B.N.S.
- self‑inculpatory statement
- prior criminal antecedents
- court discretion
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.346 of 2026
Arising Out of PS. Case No.-36 Year-2025 Thana- ASHOK PAPER MILL District-
Darbhanga
======================================================
Raushan Kumar @ Rana @ Gandharaw Kumar Choudhary S/o Ajay
Choudhary R/o Village - Fathiha (Fateha), P.S - Bachchawara, District -
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.Nirmal Kumar Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 24-03-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Ashok
Paper Mill P.S. Case No. 36/2025 registered for the offences
punishable under Sections 118(2), 324(2) and 3(5) of B.N.S. and
Section 27 of Arms Act.
3. As per the prosecution case, unknown criminals
tried to commit loot in the shop and when hulla was raised, they
fired in which two persons sustained fire-arm injury.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the case. Learned
counsel further submits that he has eight criminal antecedents
and he is in custody since 01.09.2025. The petitioner undertakes
Patna High Court CR. MISC. No.346 of 2026(4) dt.24-03-2026
2/2
to co-operate in the case/ trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner on the ground that the name of
the petitioner has come in the self-inculpatory statement of the
co-accused.
6. Considering the gravity of the offence, this Court is
not inclined to grant bail to the petitioner.
7. Accordingly, this application stands dismissed.
(Sandeep Kumar, J)
tusharika/-
U T
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