Patna High Court
Raushan KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court denied anticipatory bail to the petitioner.
Summary
The petitioner, Raushan Kumar, filed an anticipatory bail application in connection with Bibhutipur Police Station Case No. 304 of 2025, which alleged his involvement in stone‑pelting a police party resulting in injuries to police personnel. The charges encompassed multiple offences under sections 191(2), 191(3), 190, 126(2), 115(2), 118(2), 117(2), 121(2), 132, 352, 351(2), 324(4) and 109 of the Bihar Negotiable Substances Act, 2023, and the petitioner was also implicated in two other criminal cases. The learned counsel for the petitioner sought anticipatory bail, arguing that the allegations did not warrant pre‑emptive detention. The Court, after considering the seriousness of the alleged stone‑pelting and the petitioner’s antecedents, was not inclined to grant bail. Consequently, the anticipatory bail application was rejected, with the Court clarifying that its observations were limited to this bail application and did not prejudice the merits of the trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the listed sections of the B.N.S., 2023 given the nature of the alleged stone‑pelting incident and his antecedents
Legislation cited
- Bihar Negotiable Substances Act, 2023 — s. 109, 115(2), 117(2), 118(2), 121(2), 126(2), 132, 190, 191(2), 191(3), 324(4), 351(2), 352
Subjects
- anticipatory bail
- stone pelting
- police assault
- criminal procedure
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37110 of 2026
Arising Out of PS. Case No.-304 Year-2025 Thana- BIBHUTIPUR District- Samastipur
======================================================
Raushan Kumar Son of Late Pawan Choudhary Resident of Village and P.O.-
Kalayanpur, P.S.- Bibhutipur, District- Samastipur
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Saket Kumar, Advocate
For the Opposite Party : Mr. Chandra Sen Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-06-2026 Heard learned counsel for the parties.
2. This application for anticipatory bail arises
out of Bibhutipur P.S. Case No.304 of 2025 registered for the
offence under sections 191(2), 191(3), 190, 126(2), 115(2),
118(2), 117(2), 121(2), 132, 352, 351(2), 324(4) and 109 of the
B.N.S., 2023.
3. It is alleged that the petitioner has pelted
stones on the police party, in which some police personnel were
injured. The petitioner is accused of two more criminal cases.
4. Considering the nature of allegation and also
the antecedents of the petitioner, I am not inclined to grant
anticipatory bail to the petitioner. Accordingly, this anticipatory
bail application is rejected.
5. It is, however, clarified that the observations
Patna High Court CR. MISC. No.37110 of 2026(2) dt.15-06-2026
2/2
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
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
pawan/-
U T
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