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Patna High Court

Raushan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to bond, sureties and surrender conditions.

Summary

The petitioner, Raushan Kumar, feared arrest in a case registered under several sections of the Bhartiya Nyaya Sanhita, 2023, arising from an assault that led to the death of a boy. The FIR, lodged on 26‑08‑2025, named three individuals and 15‑16 unknown persons, but did not name the petitioner; his name only appeared later during investigation and no material linked him to the offence. The petitioner asserted a clean antecedent and argued there was no tangible evidence of his complicity. The State opposed the bail application. The court examined the lack of direct accusation in the FIR, the absence of incriminating material, and the petitioner’s clean record, and applied Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023. Consequently, the court ordered bail on a bond of Rs.10,000 with two sureties, subject to surrender within eight weeks.

Issues considered

  • Whether bail can be granted to a person not named in the FIR but whose name surfaced during investigation
  • Whether Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, permits bail in such circumstances

Legislation cited

Subjects

  • bail
  • criminal procedure
  • investigation
  • Bhartiya Nyaya Sanhita
  • Bhartiya Nagrik Suraksha Sanhita
  • Section 482
  • FIR

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83536 of 2025
                  Arising Out of PS. Case No.-1397 Year-2025 Thana- PHULWARISHARIF District- Patna
                 ======================================================
                 Raushan Kumar Son of Jai Kishun Rai Resident of Village - Balmichak, P.S.-
                 Phulwari Sharif, District - Patna.
                                                                            ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ratnakar Pandey
                 For the Opposite Party/s :      Mr.Bharat Bhushan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   28-01-2026                    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 offence under Sections 191(2), 191(3), 190,

                   126(2), 109, 103(1), 3(5) of the Bhartiya Nyaya Sanhita, 2023.

                                3. As per F.I.R., on 26.08.2025 at 9:30 PM,

                   informant’s son was walking near P&T Colony and around

                   09:45 P.M., some people started shouting that about 15-16

                   unknown persons were assaulting a boy from that locality. On

                   hearing this, the informant along with others rushed to the place

                   of occurrence and found his son Mrinal Anand lying injured.

                   Thereafter, they Immediately took him to Paras Hospital for

                   treatment where during the course of treatment, he died.

                   Thereafter, F.I.R. was lodged against 3 named and 15-16

                   unknown persons.
           Patna High Court CR. MISC. No.83536 of 2025(3) dt.28-01-2026
                                                       2/2




                                  4. Learned counsel for the petitioner submits that

                     petitioner is not named in the F.I.R. Even the injured Rahul

                     Kumar has not named this petitioner. Name of petitioner

                     surfaced during investigation. There is no tangible material

                     against this petitioner to show his complicity in the alleged

                     offence. Petitioner claims clean antecedent.

                                  5. Learned A.P.P. for the State has opposed the bail

                     petition.

                                  6. Considering the aforesaid facts and circumstances,

                     let the above named petitioner, in the event of arrest/surrender

                     within a period of eight weeks from today, be enlarged on bail

                     on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two

                     sureties of the like amount each to the satisfaction of learned

                     A.C.J.M. - IV, Patna in connection with Phulwari Sharif P.S.

                     Case No. 1397 of 2025, subject to condition as laid down under

                     Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.



                                                     (Prabhat Kumar Singh, J)
anay

U      T


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