Patna High Court
Raushan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The Court granted regular bail to the petitioner.
Summary
Raushan Kumar, a 20‑year‑old with a clean record, was arrested in connection with a case registered under sections 310(4) and 310(5) of the Bharatiya Nyaya Sanhita and sections 25(1B)a, 26 and 35 of the Arms Act. He applied for regular bail, contending that the investigation was complete, the only incriminating item was his motorcycle, and a co‑accused had already been granted bail. The State opposed the bail. The Court considered the nature of the allegations, the petitioner’s antecedents, and the completion of the investigation, and decided to release him on bail upon furnishing a bond of Rs.20,000 with two sureties. The order thus grants regular bail to the petitioner.
Issues considered
- Whether regular bail should be granted to the accused in offences under sections 310(4), 310(5) of the Bharatiya Nyaya Sanhita and sections 25(1B)a, 26, 35 of the Arms Act, considering the completion of investigation and the petitioner’s clean antecedent.
Legislation cited
- Arms Act — s. 25(1B)a, 26, 35
- Bharatiya Nyaya Sanhita — s. 310(4), 310(5)
Subjects
- bail
- regular bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- investigation completed
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89159 of 2025
Arising Out of PS. Case No.-409 Year-2025 Thana- PIPRA District- East Champaran
======================================================
Raushan Kumar, Son of Motilal Sah, Resident of village - Raghunathpur, P.S.-
Kesariya, District - East Champaran, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Prasad, Adv.
For the Opposite Party/s : Mr. Tapeshwar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 12-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner seeks regular bail in connection with
Pipra P.S. Case No. 409 of 2025 registered for the offences
punishable under sections 310(4) and 310(5) of the Bharatiya
Nyaya Sanhita and sections 25(1B)a, 26 and 35 of the Arms Act.
3. The main submissions advanced by petitioner’s
counsel are that the petitioner is a 20 year old boy, having fair
and clean antecedent and has been languishing in jail since
12.09.2025 and one co-accused Nikhil Kumar, who is alleged to
have been apprehended at the spot with one cartridge, has been
granted bail by the trial court itself and as per the prosecution
story, nothing incriminating except the petitioner’s motorcycle
was recovered from the possession of the petitioner and against
Patna High Court CR. MISC. No.89159 of 2025(2) dt.12-01-2026
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him the investigation has been completed.
4. Learned APP for the State has opposed the prayer of
the petitioner.
5. Considering the above submissions, averments
made in this application, the nature of allegation appearing
against the petitioner from the FIR and the petitioner’s fair and
clean antecedent coupled with completion of investigation
against him, this Court is inclined to release him on bail.
Accordingly, let the petitioner named-above be released on bail
on furnishing bail bond of Rs. 20,000/- (Rupees Twenty
Thousand) with two sureties of the like amount each to the
satisfaction of the court concerned in connection with Pipra P.S.
Case No. 409 of 2025.
(Shailendra Singh, J)
annu/-
U T
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