Patna High Court

Raushan Kumar @ Raushan RaiversusThe State of Bihar

Decided: 10 February 2026
Disposal: BAIL GRANTED
Bench: SONI SHRIVASTAVA

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Raushan Kumar, sought regular bail in a case registered under Section 317(5) of the B.N.S, 2023 for alleged involvement in the sale of stolen motorcycles. The prosecution alleged that a raid recovered three stolen motorcycles and that co‑accused had later confessed, leading to the recovery of additional vehicles, but the petitioner made no confession. The petitioner argued that he had no criminal antecedent, that the charges were already framed, and that similarly situated co‑accused had been granted bail by the same court. The State opposed the bail application. Considering the lack of personal confession, the petitioner’s clean record, the framing of charges, and the precedent of bail to co‑accused, the court ordered the petitioner to be released on bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

Whether bail should be granted to the petitioner under Section 317(5) of the B.N.S, 2023 given the facts of the case.
Whether the absence of a personal confession and the petitioner’s clean antecedents justify bail.
Whether the precedent of bail granted to co‑accused mandates similar relief to the petitioner.

Legislation cited

B.N.S. — s. 317(5)

Subjects

bail
stolen motor vehicles
criminal procedure
Section 317(5) B.N.S
confession
precedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.71208 of 2025
                      Arising Out of PS. Case No.-145 Year-2025 Thana- DIDARGANJ District- Patna
                 ======================================================
                 Raushan Kumar @ Raushan Rai Son of Nanhak Rai @ Bishundev Ray R/O
                 Fatehjangpur, P.S.- Nadi, District - Patna

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.Kritu Verma, Adv.
                 For the State           :        Mr.Nityanand, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

6   10-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2. A prayer for bail has been made on behalf of the

                   petitioner in connection with Didarganj P.S. Case no.145 of

                   2025 registered under sections 317(5) of B.N.S, 2023.

                                 3. As per prosecution case, the informant states that

                   upon receiving secret information, he conducted a raid at an

                   orchard situated in village Niampur and apprehended six

                   persons who were allegedly selling stolen motorcycles, and

                   three stolen motorcycles were seized from their possession.

                                 4. Learned counsel for the petitioner submits that

                   the name of the petitioner has been taken along with others with

                   regard to recovery of three stolen motorcycles, for which no

                   substantial information was provided. It is further submitted that
Patna High Court CR. MISC. No.71208 of 2025(6) dt.10-02-2026
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          during     course      of    investigation,          eighteen   more   stolen

          motorcycles were recovered but the said recovery was made on

          the confessional statements of co-accused Rahul Mahto,

          Shambhu Rai and Ranjan Kumar, which is evident from

          paragraph no.11 of the case diary and while the petitioner did

          not make any such confession. Learned counsel for the

          petitioner has further submitted that charges have already been

          framed on 01.12.2025 and similarly situated co-accused persons

          have already been granted bail by a co-ordinate Bench of this

          Court vide orders dated 18.12.2025 and 28.01.2026 in Cr. Misc.

          Nos. 68464 of 2025 and 68840 of 2025 respectively. The

          petitioner is in custody since 04.05.2025 and undertakes to

          cooperate in the case/trial.

                       5. The application for bail is opposed by learned

          A.P.P. for the State.

                       6. Taking into consideration the aforesaid facts of the

          case and also considering that similarly situated co-accused

          persons have already been granted regular bail by aforesaid

          orders dated 18.12.2025 and 28.01.2026, charges have been

          framed in the matter and petitioner is in custody since

          04.05.2025, the petitioner, who has no criminal antecedent, is

          directed to be enlarged on bail in connection with Didarganj P.S.
              Patna High Court CR. MISC. No.71208 of 2025(6) dt.10-02-2026
                                                          3/3




                        Case no.145 of 2025 on furnishing bail bond of Rs.10,000/-

                        (Rupees Ten Thousand) with two sureties of the like amount

                        each to the satisfaction of the learned Court concerned where

                        the case is pending/successor Court.


                                                  (Soni Shrivastava, J)

Harsh/-

U         T

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