Patna High Court
Raushan kumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner with specified conditions.
Summary
The petitioner, Raushan Kumar, was arrested on 2 July 2025 in connection with a theft of a bike, Rs 10,000 and a mobile phone, alleged under Section 309(6) of the B.N.S. He sought bail, claiming he was falsely implicated and that no incriminating material was recovered from his possession. The informant’s statement identified other accused, and the petitioner argued that his co‑accused Vikash Kumar had already been granted bail by a coordinate bench. The State opposed bail, contending the petitioner was named in the FIR and had a prior case. Considering the facts, the court noted the similarity to the co‑accused’s bail and ordered the petitioner’s release on bail of Rs 10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents. The bail bond was to be accepted without delay for verification purposes.
Issues considered
- Whether bail should be granted to the petitioner under Section 309(6) of the B.N.S. given the nature of the alleged offence and the circumstances of his custody.
- Whether the grant of bail to a similarly situated co‑accused influences the decision to grant bail to the petitioner.
- Whether mere suspicion and identification in the FIR, without recovery of material, justify continued detention.
Legislation cited
- B.N.S. — s. 309(6)
Subjects
- bail
- Section 309(6) B.N.S.
- false implication
- co‑accused
- criminal procedure
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90100 of 2025
Arising Out of PS. Case No.-488 Year-2025 Thana- FATEHPUR District- Gaya
======================================================
Raushan kumar Son Of Mahendra Singh Resident of village -
Dhibini,Basiyaiet,P.S.- Maskaur,Dist.- Nawada,Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anmol Kumar, Advocate
For the Informant : Mr. Sudhir Kumar Sinha, Advocate
For the State : Mr. Choubey Jawahar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 15-01-2026 Heard Mr. Anmol Kumar, learned counsel for the
petitioner, Mr. Sudhir Kumar Sinha, learned counsel for the
Informant and Mr. Choubey Jawahar, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
02.07.2025, in connection with Fatehpur P.S. Case No. 488 of
2025, F.I.R. dated 01.07.2025 registered for the offences
punishable under Sections 309(6) of the B.N.S.
3. The prosecution case, in brief, is that unknown
miscreants have taken away the bike, Rs. 10,000/- and a mobile
of the informant. After the occurrence, police apprehended the
accused Manish Kumar, Nayan Kumar, Raushan Kumar and
Sanoj Kumar.
4. Learned counsel for the petitioner submits that the
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petitioner is innocent and he has been falsely implicated in the
present case. He further submits that the allegation as alleged in
the F.I.R. is false and fabricated and the petitioner has not
committed any offence as alleged in the F.I.R. From perusal of
the F.I.R. it appears that the informant has disclosed the name of
accused person namely Nayan Kumar @ Niyan Kumar and
thereafter in the second query he has also stated that he has
identified the petitioner and other co-accused person namely,
Manish Kumar. Learned counsel for the petitioner further
submits that nothing has been recovered from the conscious
possession or the house of the petitioner and he has been made
accused merely on the basis of suspicion and co-accused person
namely Vikash Kumar whose name has been transpired during
investigation has been granted bail by a Coordinate Bench of
this Court vide order dated 16.12.2025 passed in Cr. Misc. No.
85229 of 2025 and the police after investigation submitted
chargesheet against the petitioner and the petitioner is in custody
since 02.07.2025.
5. The learned Additional Public Prosecutor for the
State as well as learned counsel for the Informant, on the other
hand, has vehemently opposed the prayer for bail of the
petitioner and submits that the petitioner is named in the F.I.R.
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and he has participated in the present crime in question as well
as petitioner carries one more case other than the present one.
6. Considering the facts and circumstances of the case
and the fact that similarly situated co-accused person has been
granted bail by a Coordinate Bench of this Court, let the
petitioner, above named, be released on bail on furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of learned Chief
Judicial Magistrate, Gaya Ji in connection with Fatehpur P.S.
Case No. 488 of 2025, subject to the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedents, the court below shall take step for
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cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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