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Patna High Court

Raushan Kumar @ DavidversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court denied bail to the petitioner.

Summary

The petitioner, Raushan Kumar (alias David), was charged under Sections 109 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act for allegedly assaulting an informant’s brother and firing a pistol at the informant, causing a gunshot injury. He had been in custody since September 2025 and had two prior criminal antecedents. The petitioner sought bail after an earlier anticipatory bail application was rejected. The State opposed the bail, emphasizing the direct allegation of firing a weapon and the seriousness of the offences. The High Court, after considering the facts, declined to grant bail, directing the trial court to expedite the trial and allowing the petitioner to renew the bail application if the trial is not concluded within three months of the order.

Issues considered

  • Whether bail should be granted to the accused in light of the serious nature of the offences under the Bharatiya Nyaya Sanhita and the Arms Act
  • Whether the prior criminal antecedents and the direct allegation of firing a pistol preclude the grant of bail

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Arms Act
  • assault
  • firearms
  • anticipatory bail
  • trial expeditious

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.7969 of 2026
                         Arising Out of PS. Case No.-795 Year-2024 Thana- DIGHA District- Patna
                 ======================================================
                 Raushan Kumar @ David Son of Sri Niranjan Ray R/v- Panapur Diara, P.S.-
                 Akilpur, Distt.- Patna at present resident of village - Ramjichak Bataganj,
                 Gandhi Gali, P.S.- Digha, Distt.- Patna.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner       :       Mr. Vijay Kumar Sinha, Advocate
                 For the State            :       Mr. Jharkhandi Upadhyay, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   03-02-2026              Heard learned counsel for the petitioner and learned APP

                   for the State.

                            2.        The petitioner seeks bail in connection with Digha

                   P.S. Case No. 795 of 2024 instituted for the offence under

                   Sections 109 & 3(5) of the Bharatiya Nyaya Sanhita, 2023 and

                   Section 27 of the Arms Act. Earlier vide order dated 28.07.2025,

                   passed in Cr. Misc. No. 20661 of 2025, anticipatory bail of the

                   petitioner was rejected by a co-ordinate Bench of this Court.

                            3.        The prosecution case, in brief, is that on

                   31.10.2024 the accused persons assaulted the informant’s

                   younger brother over a dispute relating to a motorcycle key and

                   later extended threats. On 01.11.2024, petitioner allegedly fired

                   upon the informant with a pistol during the assault, causing
Patna High Court CR. MISC. No.7969 of 2026(2) dt.03-02-2026
                                            2/3




          gunshot injury.

                  4.      It has been submitted on behalf of the petitioner

          that the petitioner is in custody since 18.09.2025. Petitioner

          bears two criminal antecedents, as per disclosure made in

          paragraph No. 3 of the bail application.

                  5.      It has been further submitted by the petitioner’s

          counsel that petitioner has been falsely implicated in the present

          case. Learned counsel for the petitioner submits that from

          perusal of the FIR, it would reveal that petitioner alleged fired

          upon the informant, due to which he sustained gun shot injury. It

          is next submitted that nothing has been recovered from the

          possession of the petitioner. Charge sheet has already been

          submitted in this case.

                  6.      Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                  7.      Considering the aforesaid facts and circumstances

          of the case, there being direct allegation against the petitioner of

          firing upon the informant due to which he sustained gun shot

          injury, this Court, at this stage, is not inclined to grant bail to the

          petitioner. Prayer for grant of bail to the petitioner is hereby

          rejected.

                  8.      The Trial Court is directed to expedite the trial as
           Patna High Court CR. MISC. No.7969 of 2026(2) dt.03-02-2026
                                                       3/3




                     expeditiously as possible without any undue delay and

                     unnecessary adjournments.

                             9.      However, petitioner will be at liberty to renew his

                     prayer for bail if the trial is not concluded within a period of

                     three months from the date of receipt/production of a copy of

                     this order.



                                                                  (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T


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