Patna High Court
Raushan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 380, 457
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
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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
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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
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