Patna High Court
Raushan Kumar JhaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court held that bail should be granted to the petitioner on the condition of a Rs.10,000 bond with two sureties.
Summary
The petitioner, Raushan Kumar Jha, sought bail in a criminal miscellaneous case arising from a police case registered for alleged offences under Sections 310(4) & 310(5) of the BNS and Sections 25(1‑B)(a), 26 and 35 of the Arms Act. The prosecution alleged that police intelligence indicated a planned dacoity, leading to a search in which three persons were apprehended while the petitioner allegedly escaped, his name being supplied by the arrested individuals. The petitioner contended that he was innocent, that no direct evidence linked him to the crime, and that he had been in judicial custody since 12‑10‑2025. The State opposed bail, highlighting the petitioner’s prior criminal antecedent. After hearing both sides, the Court, considering the lack of direct incriminating material and the petitioner’s circumstances, ordered that bail be granted on a bond of Rs.10,000 with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the alleged offences under the BNS and Arms Act.
- Whether the petitioner’s alleged criminal antecedent warrants denial of bail.
Legislation cited
Subjects
- bail
- dacoity
- Arms Act
- criminal antecedent
- judicial custody
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41127 of 2026
Arising Out of PS. Case No.-235 Year-2025 Thana- PANDAUL District- Madhubani
======================================================
Raushan Kumar Jha S/O Lalan Jha Resident of Village - Pachadhi, Police
Station - Pandaul, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md Soban Asghar, Advocate
For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 29-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with G.R. No.2591 of 2025 arising out of Pandaul P.S. Case
No.235 of 2025 registered for the offence punishable under
Sections 310(4) & 310(5) of the BNS and under Sections 25(1-
B)(a), 26 & 35 of the Arms Act.
3. The case of the prosecution, in short, is that police
had information that certain miscreants have gathered and they
are planning to commit dacoity. On this information, the place
was searched and three persons were apprehended. It is alleged
that the petitioner managed to escape.
4. Learned counsel appearing on behalf of the
petitioner has submitted that the petitioner is innocent and has
Patna High Court CR. MISC. No.41127 of 2026(2) dt.29-06-2026
2/2
committed no offence. It has further been submitted that save
and except police information, there is nothing against the
petitioner. It has been submitted that the petitioner was not
apprehended from the place of occurrence rather his name was
disclosed by the apprehended persons. It has further been
submitted that the petitioner is in judicial custody since
12.10.2025.
5. The application for bail is opposed by learned APP
for the State. It has been submitted that the petitioner is having
criminal antecedent of one case.
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 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
C.J.M., Madhubani in connection with G.R. No.2591 of 2025
arising out of Pandaul P.S. Case No.235 of 2025.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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