Patna High Court
Raushan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner with specified conditions.
Summary
Raushan Kumar was arrested in connection with a murder case (IPC sections 302, 120(B) and 34) and an offence under Section 27 of the Arms Act. He has been in custody since July 7, 2022, and earlier the High Court had rejected his regular bail. The petitioner argued that only seven of the fifteen charge‑sheet witnesses, including the prime witness, have been examined and that the prolonged pre‑trial detention violates his fundamental right to life and liberty under Article 21. The State opposed the bail, emphasizing the seriousness of the charges. Considering the extended custody, lack of trial progress, and the principle that pre‑trial detention should not be punitive, the Court granted bail subject to a bond of Rs. 15,000 with two sureties and conditions of appearance. The petitioner was ordered to be released on bail.
Issues considered
- Whether the petitioner is entitled to bail despite the seriousness of the offences under IPC 302, 120(B), 34 and Arms Act 27.
- Whether continued pre‑trial detention violates the petitioner’s right under Article 21 of the Constitution.
- Whether the conditions imposed are sufficient to ensure the petitioner’s attendance at trial.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 120(B), 302, 34
Subjects
- bail
- pre‑trial detention
- Article 21
- IPC 302
- conspiracy
- arms act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81253 of 2025
Arising Out of PS. Case No.-162 Year-2022 Thana- BAKHARI District- Begusarai
======================================================
Raushan Kumar S/O Satyendra Mahato @ Natho Mahato R/O Vill.- Ward No.
03, Chhoti Rani Sakarpura, Rani Shakarpura, P.S- Gangaur, Distt- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Priyanka Singh, Advocate
For the Opposite Party/s : Mr. Syed Ehteshamuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 09-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Session Trial Case No. 45 of 2023 arising out of Bakhari P.S.
Case No. 162 of 2022 instituted for the offence under Sections
302/120(B) & 34 of the Indian Penal Code and Section 27 of the
Arms Act. Earlier vide order dated 12-03-2024, passed in Cr.
Misc. No. 68617 of 2023, regular bail of the petitioner was
rejected by this Court, taking into account the fact that there
being specific and direct allegation against the petitioner, which
is serious in nature.
3. Learned counsel for the petitioner submits that the
present one is the second attempt for grant of regular bail to the
Patna High Court CR. MISC. No.81253 of 2025(3) dt.09-01-2026
2/3
petitioner. It is mainly submitted that seven (7) out of fifteen
(15) charge sheet witnesses have been examined in this case,
including the prime witness, informant. It has been submitted on
behalf of the petitioner that the petitioner is in custody since
07.07.2022. Learned counsel further submits that there is no
likelihood of the trial being concluded in the near future.
Learned counsel goes on to submit that the continued
incarceration of the petitioner without conclusion of trial
amounts to a gross violation of the fundamental right guaranteed
under Article 21 of the Constitution of India, which is reiterated
by Hon’ble Apex Court in plethora of judgments.
4. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
5. Considering the aforesaid facts and circumstances
of the case, period of custody of the petitioner and taking into
account the fact that continued detention of the petitioner would
serve no purpose other than punitive pretrial incarceration,
which is antithetical to the spirit of Article 21 of the
Constitution of India, this Court is inclined to grant bail to the
petitioner.
6. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties
Patna High Court CR. MISC. No.81253 of 2025(3) dt.09-01-2026
3/3
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Session Trial Case
No. 45 of 2023 arising out of Bakhari P.S. Case No. 162 of
2022, subject to the following conditions:
(I) One of the bailors shall be own/close member of the
family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
Checking your session…