Patna High Court
Raushan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The petitioners are entitled to bail.
Summary
Petitioners Raushan Kumar and Sanni Kumar were arrested in connection with a FIR alleging that they were part of a mob that fired on the elder brother of an informant, resulting in the victim's death. The petitioners claimed they were merely present at the scene and had no active role, asserting innocence and no prior criminal record. The prosecution charged them under multiple sections of the Bihar Negotiable Substances Act, 2023, corresponding to serious offences under the IPC and the Arms Act. The petitioners applied for bail, arguing that there was no overt act attributable to them and that they were being falsely implicated. After hearing both sides, the Patna High Court found no sufficient ground to deny bail and ordered that the petitioners be released on bail with a bond of Rs.10,000 each and two sureties.
Issues considered
- Whether the petitioners, charged with offences under Sections 191(2), 191(3), 190, 126(2), 109, 352, 351(2) & (3) of the B.N.S., 2023 and Section 103(1) (corresponding to IPC Sections 147, 148, 149, 341, 307, 504, 506 and Section 27 of the Arms Act), are entitled to bail.
- Whether the seriousness of the alleged offences and the alleged participation in the mob preclude the grant of bail.
Legislation cited
- Arms Act — s. 27
- B.N.S., 2023 — s. 103(1), 109, 126(2), 190, 191(2), 191(3), 351(2), 351(3), 352
- Indian Penal Code — s. 147, 148, 149, 307, 341, 504, 506
Subjects
- bail
- criminal procedure
- IPC
- Arms Act
- mob violence
- murder
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87795 of 2025
Arising Out of PS. Case No.-307 Year-2024 Thana- BAKHTIYARPUR District- Patna
======================================================
1. Raushan Kumar S/O Nand Kishore Mahto @ Karu R/o Vill- Naya Tola
Sangat Per, P.S.- Bakhtiyarpur, Dist.- Patna
2. Sanni Kumar S/O Sudhir Mahto R/o Vill- Naya Tola Sangat Per, P.S.-
Bakhtiyarpur, Dist.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anuj Kumar, Advocate
For the Opposite Party/s : Mr. Narendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 05-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for bail in connection
with Bakhtiyarpur P.S. Case No. 307 of 2024 registered for the
offence punishable under Sections 191(2), 191(3), 190, 126(2),
109, 352, 351(2) and (3) of the B.N.S., 2023 to which Section
103(1) of the BNS was added later (corresponding to Sections
147, 148, 149, 341, 307, 504 and 506 of the Indian Penal Code
and Section 27 of the Arms Act was added.
3. As per the case of the prosecution, the FIR has been
lodged against 6 named accused persons including the
petitioners with allegation that all accused persons have
Patna High Court CR. MISC. No.87795 of 2025(2) dt.05-01-2026
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surrounded the informant family and fired on the elder brother
of the informant. Subsequently, the injured person admitted to
hospital but in course of treatment, death has been caused.
4. Learned counsel appearing on behalf of the
petitioners has submitted that petitioners are innocent and have
committed no offence. They have been falsely implicated in this
case. He also submits that except the presence of the petitioners
at the occurrence, there is no role of any act or overt act against
them. It is further submitted that the main thrust of allegation is
against Ajit @ Golli and the petitioners are only the member of
the mob. He further submits that a statement has been made in
para 3 of the petition that petitioners have no criminal
antecedent and they are languishing in judicial custody since
19.08.2025.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) each with two
sureties of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.87795 of 2025(2) dt.05-01-2026
3/3
District and Additional Sessions Judge-I in connection with
Bakhtiyarpur P.S. Case No. 307 of 2024.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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