Created by Fuzzy Cloud

Patna High Court

Raushan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner subject to the stipulated bond and conditions.

Summary

The petitioner, Raushan Kumar, feared arrest in a case registered under IPC Sections 457 and 380 concerning alleged theft and rioting. He claimed he was falsely implicated based on the informant's suspicion and a confessional statement of a co-accused, which he argued has no evidentiary value. The petitioner sought anticipatory bail, citing a similar order granting bail to another accused, Haricharan Kumar. The State opposed the bail. The Court, after considering the submissions, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 Cr.P.C.
  • Whether a confessional statement of an accused made in police custody is admissible as evidence.
  • Whether parity with a co-accused who was granted anticipatory bail warrants a similar order.

Legislation cited

Subjects

  • anticipatory bail
  • confessional statement
  • false implication
  • theft
  • rioting
  • Section 438
  • CrPC
  • IPC
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.66000 of 2025
                       Arising Out of PS. Case No.-22 Year-2024 Thana- DIDARGANJ District- Patna
                 ======================================================
                 Raushan Kumar S/o Shyam Narayan Singh @ Chhotan Singh R/o Village-
                 Punadih, P.S.- Didarganj, District- Patna
                                                                     ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Anupam Bahadur, Advocate
                                                  Mr. Barun Prasad, Advocate
                 For the Opposite Party/s :       Mr. Ajay Kumar Jha, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   18-03-2026                   1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                 2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 457 and

                   380 of the Indian Penal Code.

                                 3. Learned counsel appearing on behalf of the

                   petitioner submits that earlier Mr. Barun Prasad, learned

                   Advocate was appearing in the case but then he left for his

                   heavenly aboard, as such, a fresh Vakalatnama has been filed

                   yesterday i.e. 17.03.2026.

                                 4. It is next submitted that petitioner has antecedent of

                   one case and the informant alleges that on 21.01.2024 when she

                   returned home in the morning, she found that all her household

                   items such as fridge, washing machine etc. had been stolen and
Patna High Court CR. MISC. No.66000 of 2025(4) dt.18-03-2026
                                            2/3




          the documents and receipts were burnt. It is further alleged that

          prior to this a motor was also stolen from her house, thus, based

          on suspicion alleges that petitioner along with other co-accused

          might be involved in the occurrence.

                       5. Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant. It is further submitted that from perusal of the

          allegation as alleged in the FIR, it would manifest that based on

          suspicion, the petitioner was implicated by the informant. It is

          next submitted that during the course of investigation, one Sinu

          Kumar was arrested and his confessional statement was

          recorded and he disclosed the name of the petitioner along with

          Haricharan Kumar and one more accused. It is also submitted

          that confessional statement of an accused in police custody does

          not have any evidentiary value in the eye of law. It is further

          submitted that Haricharan Kumar had approached this Court

          seeking anticipatory bail by filing Cr. Misc. No. 78675 of 2024

          and the same came to be allowed by an order dated 25.11.2024

          passed by a learned Coordinate Bench, thus, based on parity, the

          petitioner seeks anticipatory bail.

                       6. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.
           Patna High Court CR. MISC. No.66000 of 2025(4) dt.18-03-2026
                                                       3/3




                                  7. Considering the submissions made by the learned

                     counsel for the petitioner, let the petitioner, above-named, in the

                     event of his arrest or surrender within a period of six weeks

                     from today, be released on anticipatory bail on furnishing bail

                     bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties

                     of the like amount each to the satisfaction of the learned Trial

                     Court where the case is pending/Successor Court in connection

                     with Didarganj P.S. Case No. 22 of 2024, subject to the

                     conditions as laid down under Section 438(2) of the

                     Cr.P.C./482(2) of the B.N.S.S.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.