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Patna High Court

Raushan KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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
                                                        2/2




                      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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