Patna High Court
Raushan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The petitioner is entitled to regular bail on furnishing a bond of Rs 10,000 with two sureties, subject to the satisfaction of the Judicial Magistrate.
Summary
The petitioner, Raushan Kumar, applied for regular bail under section 310(2) of the Bharatiya Nyaya Sanhita, 2023, in a robbery case where he was alleged to have participated in a pistol‑point robbery and was found with cash, a mobile phone and a live cartridge. The prosecution’s case was based on a confessional statement of a co‑accused and material seized during a raid. The petitioner contended that he was falsely implicated and that the mobile phone recovered belonged to him and was not listed on the trial‑in‑inventory. The trial court’s order and the investigation material were examined, and the petitioner had been in custody since 18‑Oct‑2025 with a charge‑sheet already filed. The High Court, after hearing both sides, directed that the petitioner be released on bail upon furnishing a bond of Rs 10,000 with two sureties of equal amount, subject to the satisfaction of the Judicial Magistrate. The bail was granted to ensure the petitioner’s cooperation with the investigation and trial.
Issues considered
- Whether the petitioner is entitled to regular bail under section 310(2) of the Bharatiya Nyaya Sanhita, 2023 despite the confessional statement of a co‑accused.
- Whether the material seized and the circumstances of the investigation justify continued detention.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 310(2)
Subjects
- regular bail
- section 310(2)
- Bharatiya Nyaya Sanhita
- false implication
- confessional statement
- robbery
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6100 of 2026
Arising Out of PS. Case No.-430 Year-2025 Thana- KHAJEKALA District- Patna
======================================================
Raushan Kumar, S/o- Shailendra Prasad, Resident of Village- Raghopur P.S.-
Rustampur. District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jay Ram Prasad, Advocate
Mr. Niranjan Kumar Singh, Advocate
For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 04-02-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Khajekala P.S. Case
no.430 of 2025, registered under section 310(2) of the Bharatiya
Nyaya Sanhita, 2023.
3. As per the prosecution case, the two accused
persons on the point of pistol committed robbery in the house of
the informant. They took away various articles including the
hard-disk of the CCTV camera, mobile phone etc.
4. Learned counsel for the petitioner submits that the
F.I.R. was registered against six unknown. The name of the
petitioner transpired in course of investigation. Referring to the
order of the learned trial Court it is submitted that the petitioner
Patna High Court CR. MISC. No.6100 of 2026(2) dt.04-02-2026
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was falsely implicated in the case in the confessional statement
of co-accused Md. Raja made before police wherein he has
stated that the petitioner participated in the occurrence. The
contents of the order further states that on a raid being
conducted subsequent to the said confessional statement, the
petitioner along with others were caught and from the
possession of the petitioner Rs.15000/- in cash, a mobile phone
and a live cartridge was recovered. The petitioner is in custody
since 18.10.2025 and charge-sheet has been submitted in the
case. It is further submitted that the said mobile phone belongs
to the petitioner himself and it has not been put on T.I. Parade.
The petitioner undertakes to cooperate in the investigation/trial.
5. The application for bail is opposed by learned
A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the F.I.R., the
material that has transpired in course of investigation as
discussed in detail in the order of the learned trial Court, the
petitioner having remained in custody since 18.10.2025 and
charge-sheet having been submitted in the case, the petitioner is
directed to be enlarged on bail in connection with Khajekala P.S.
Case no.430 of 2025, on furnishing bail bond of Rs.10,000/-
Patna High Court CR. MISC. No.6100 of 2026(2) dt.04-02-2026
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(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Judicial Magistrate I st
Class, Masaurhi, Patna.
(Partha Sarthy, J)
avinash/-
U T
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