Patna High Court
Raushan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, directing his release on a bail bond with sureties.
Summary
The petitioner, Raushan Kumar, sought regular bail in a criminal miscellaneous case (No. 72 of 2025) for alleged offences under Sections 309(4) and 61(2) of the BNS, relating to the looting of a pick‑up van. The prosecution alleged that unknown miscreants stole the van, while the petitioner had earlier given a confessional statement in a separate case (Hajipur P.S. Case No. 246 of 2025). Counsel for the petitioner argued that apart from the confessional statement there was no material evidence against him and that he had been in judicial custody since 10‑06‑2025 without any recovery from his possession. The State opposed bail, highlighting the petitioner’s criminal antecedents in four other cases. After considering the facts, the court decided to enlarge bail, directing the petitioner to be released on a bail bond of Rs.10,000 with two sureties, subject to the satisfaction of the Judicial Magistrate First Class, Nalanda.
Issues considered
- Whether the petitioner is entitled to regular bail despite a confessional statement and prior criminal antecedents
- Whether the nature of offences under Sections 309(4) and 61(2) of the BNS warrants denial of bail
- Whether the bail bond conditions imposed are appropriate under the circumstances
Legislation cited
- BNS — s. 309(4), 61(2)
Subjects
- regular bail
- confessional statement
- criminal antecedent
- judicial custody
- pick‑up van robbery
- BNS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84832 of 2025
Arising Out of PS. Case No.-72 Year-2025 Thana- NOORSARAI District- Nalanda
======================================================
Raushan Kumar Son of Anil Kumar Chaudhary @ Anil Chaudhary R/o Vllage
- Bidupur Kaliasthan, P.S. - Bidupur, District - Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar, Advocate
For the Opposite Party/s : Mr. Parmanand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 19-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 309(4) &
61(2) of the BNS.
3. The case of the prosecution, in short, is that
unknown miscreants have looted away pick-up van of the
informant.
4. Learned counsel for the petitioner submits that the
petitioner has been remanded in this case from Hajipur P.S. Case
No. 246 of 2025 where he has given his confessional statement.
Learned counsel for the petitioner has submitted that save and
except the confessional statement there is nothing against the
petitioner. Learned counsel for the petitioner has submitted that
Patna High Court CR. MISC. No.84832 of 2025(4) dt.19-02-2026
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no recovery has been made from the possession of this
petitioner. Learned counsel for the petitioner has further
submitted that the petitioner is languishing in judicial custody
since 10.06.2025.
5. Learned APP for the State has vehemently opposed
the bail application and has submitted that the petitioner is
having criminal antecedent of four cases.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Noorsarai P.S. Case No. 72 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Judicial Magistrate First
Class, Nalanda at Bihar Sharif.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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