Patna High Court
Raushan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court allowed the petitioner's bail application subject to specified conditions.
Summary
Raushan Kumar, who has been in custody since 4 September 2025, applied for bail in a theft case (Shivajinagar P.S. Case No. 59 of 2025) involving offences under Sections 331(4), 305 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that a theft occurred on 30 August 2025 at a residence in Delhi, resulting in loss of a motorcycle, jewellery, cash and other articles. The defence argued that the petitioner was falsely implicated, that the co‑accused Ritik Kumar had confessed and the stolen items were recovered, and that there was no material linking the petitioner to the crime, further noting his clean antecedent. The learned A.P.P. opposed bail, but the court, after considering the submissions, granted bail on a bond of Rs.10,000 with two sureties and imposed several conditions regarding attendance, conduct and verification of antecedents. The order also clarified that any observations made therein would not affect the trial.
Issues considered
- Whether bail should be granted to the petitioner for offences under the Bharatiya Nyaya Sanhita, 2023.
- Whether the absence of material linking the petitioner to the alleged theft justifies bail.
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or committing similar offences.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 305, 331(4), 3(5)
Subjects
- bail
- criminal procedure
- Theft
- false implication
- Bharatiya Nyaya Sanhita
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83747 of 2025
Arising Out of PS. Case No.-59 Year-2025 Thana- SHIVAJINAGAR District- Samastipur
======================================================
Raushan Kumar, S/O Ramakant Mandal @ Ramakant Sinha @ Rama Kant
Sinha, R/O Village- Katghara Ward No 9 PS Shivajinagar District-
Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar, Advocate
For the Opposite Party/s : Mr. Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 05-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner, who is in custody, seeks bail in
connection with Shivajinagar P.S. Case No. 59 of 2025
registered for the offences punishable under Sections 331(4),
305 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant has
alleged that he is a resident of Delhi and he was informed that
on 30.08.2025 there was a theft committed in his house and a
motorcycle, jewelry, cash of Rs.40,000/- and other articles were
stolen.
4. The learned counsel for the petitioner submits that
the petitioner has been falsely implicated in this case and there
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is no material on record to connect the petitioner with the
aforesaid incident. It has been submitted that co-accused Ritik
Kumar admitted that he had committed the theft and on his
confession even the recovery of the stolen articles were made. It
has been lastly submitted that the petitioner has clean antecedent
and he is in custody since 04.09.2025.
5. The learned A.P.P. has vehemently opposed the
prayer for bail.
6. Considering the aforesaid submissions made by the
parties, let the petitioner, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
court below where the case is pending/successor court in
connection with Shivajinagar P.S. Case No. 59 of 2025, subject
to the following conditions:-
(i) One of the bailors of the petitioner
shall be his close relative and the other shall be
local resident.
(ii) The petitioner shall remain physically
present in Court on each date of the trial.
(iii) In case of absence on two
consecutive dates or in violation of the terms of the
bail, the bail bond of the petitioner will be liable to
be cancelled by the court concerned.
(iv) If the petitioner is found involved in
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similar nature of offence in future, the prosecution
shall be at liberty to move for cancellation of his
bail bond.
(v) The learned Court below shall verify
the criminal antecedent of the petitioner and in case
at any stage it is found that the petitioner has
concealed his criminal antecedent, the court below
shall take step for cancellation of bail bond of the
petitioner. However, the acceptance of bail bonds in
terms of the above-mentioned order shall not be
delayed for purpose of or in the name of
verification.
7. Accordingly, the prayer for bail is allowed.
8. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
manoj/-
U T
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