Patna High Court
Raushan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted regular bail to the petitioner, directing release on a bail bond of Rs.10,000 with two sureties.
Summary
The petitioner, Raushan Kumar, applied for regular bail in a case registered under sections 111(4) and 112 of the Bhartiya Nyaya Sanhita, 2023 and sections 25(1‑B)(a) and 35 of the Arms Act. The prosecution alleged that a country‑made pistol was recovered from a co‑accused and a mobile phone from the petitioner, but no incriminating article was found on the petitioner. The petitioner argued that he was falsely implicated, had been in custody since 16‑12‑2025, and possessed no criminal antecedent. The State opposed the bail. The Court, after considering the lack of incriminating material, the petitioner’s clean record and prolonged custody, ordered that he be released on bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount.
Issues considered
- Whether regular bail should be granted to the petitioner under sections 111(4) and 112 of the Bhartiya Nyaya Sanhita, 2023 and sections 25(1‑B)(a) and 35 of the Arms Act in view of the facts of the case.
Legislation cited
- Arms Act — s. 25(1-B)(a), 35
- Bhartiya Nyaya Sanhita, 2023 — s. 111(4), 112
Subjects
- regular bail
- criminal procedure
- Arms Act
- Bhartiya Nyaya Sanhita
- no incriminating article
- custody
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8191 of 2026
Arising Out of PS. Case No.-240 Year-2025 Thana- SACHIVALAYA District- Patna
======================================================
Raushan Kumar S/O Ram Lakshman Rai @ Ram Lakshman Ray R/o-
Ganghara, P.s - Shahpur Dist-Patna. At present Indrapuri Road No.- 1, P.S-
Patliputra. Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ghanshyam Tiwary, Advocate
For the Opposite Party/s : Mr.Awadhesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 17-02-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Sachiwalaya P.S. Case
no.240 of 2025 registered under sections 111(4) and 112 of the
Bhartiya Nyaya Sanhita, 2023 and section 25(1-B)(a) and 35 of
the Arms Act.
3. As per the prosecution case, a country made pistol
is said to have been recovered from the possession of the co-
accused Dablu Kumar. From the possession of the petitioner, it
is stated that a mobile phone was recovered.
4. Learned counsel for the petitioner submits that no
incriminating article has been recovered from the petitioner’s
possession who has been falsely implicated in the case. He is in
Patna High Court CR. MISC. No.8191 of 2026(2) dt.17-02-2026
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custody since 16.12.2025 and has no criminal antecedent.
5. The application for bail is opposed by learned A.P.P
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegation against the petitioner in
the FIR, no incriminating article having been recovered from the
petitioner’s possession together with the petitioner having
remained in custody since 16.12.2025 and his not having any
criminal antecedent, the petitioner is directed to be enlarged on
bail in connection with Sachiwalaya P.S. Case no.240 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 Additional Chief Judicial Magistrate-II, District-
Patna.
(Partha Sarthy, J)
Shiv/-
U T
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