Patna High Court
Raushan Kumar Singh @ BengaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court inclined to grant bail to the petitioner, subject to a bond and conditions.
Summary
Raushan Kumar Singh was arrested for alleged assault and robbery on 24 July 2024, during which the informant, his father and brother were attacked and valuables were taken. The charge‑sheet lists offences under Sections 127(1), 115(2), 118(1), 109, 303(2), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The petitioner claimed he was falsely implicated, argued that the allegations were omnibus, and highlighted that the injuries were simple while he had been in custody since 31 July 2025 with nine prior criminal antecedents. The State opposed the bail application. After considering the nature of the injury, period of custody, antecedents and other circumstances, the Court granted bail subject to a Rs.15,000 bond with two sureties and conditions of appearance and bailor.
Issues considered
- Whether bail should be granted in a case involving multiple serious offences under the Bharatiya Nyaya Sanhita, 2023
- Whether the petitioner’s prior criminal antecedents and length of pre‑trial custody preclude bail
- Whether the alleged simple nature of injury and claim of false implication affect the bail decision
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 127(1), 303(2), 3(5), 351(2), 352
Subjects
- bail
- criminal law
- assault
- robbery
- Bharatiya Nyaya Sanhita
- high court
- conditions of bail
- antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86082 of 2025
Arising Out of PS. Case No.-202 Year-2024 Thana- MAKER District- Saran
======================================================
Raushan Kumar Singh @ Benga Son of Late Anil Singh @ Anil Kumar Singh
R/o Village - Pure Chapra, P.S.- Parsa, District - Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravi Prakash, Advocate
For the Opposite Party/s : Mr.Dr.Mrityunjaya Kr.Gautam, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Maker
P.S. Case No. 202 of 2024 instituted for the offences under
Sections 127(1), 115(2), 118(1), 109, 303(2), 352, 351(2) and
3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. Prosecution case, in short, is that on 24.07.2024,
while informant was coming from his shop, in the meantime,
petitioner along with other co-accused abused and beaten the
informant. Thereafter, informant called his father and brother on
phone. When his father and brother came there then petitioner
and other co-accused assaulted them by means of brick and rod
as a result they sustained injuries. It is alleged that petitioner and
other co-accused took away a gold Jhumka, gold Bali, four pairs
Patna High Court CR. MISC. No.86082 of 2025(2) dt.15-01-2026
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of Payal and Rs. 2000/- cash from the pocket of the informant.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Learned counsel for the petitioner submits that general and
omnibus allegation has been made against the petitioner.
Charge-sheet has been submitted in this case. The nature of
injury is said to be simple in nature. It has been submitted on
behalf of the petitioner that the petitioner is in custody since
31.07.2025 and has nine criminal antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, the nature of injury as also the period of custody
undergone by the petitioner, this Court is inclined to grant bail
to the petitioner.
7. Let the petitioner be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of
the like amount each to the satisfaction of Court
below/concerned Court in connection with Maker P.S. Case
No. 202 of 2024, subject to the following conditions:
(I) One of the bailors shall be own/close member of
Patna High Court CR. MISC. No.86082 of 2025(2) dt.15-01-2026
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the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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