Patna High Court
Chooha @ Raushan Kumar @ ChuhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner.
Summary
The petitioner, Chooha (also known as Raushan Kumar), was arrested for allegedly snatching a mobile phone on 08.05.2025, leading to charges under Sections 304(2) and 317(2) of the Bharatiya Nyaya Sanhita, 2023. He applied for bail, contending that he was falsely implicated, that the search and seizure memo lacked independent witnesses, and that the allegations were general and omnibus. The State opposed the bail, emphasizing the petitioner’s custody since 09.05.2025 and his three prior criminal antecedents. The court examined the facts, the nature of the offences, and the period of custody, and found no compelling reason to deny bail. Consequently, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs. 15,000 with two sureties of the same amount.
Issues considered
- Whether the petitioner is entitled to bail for offences under Sections 304(2) and 317(2) of the Bharatiya Nyaya Sanhita, 2023 given the circumstances of arrest and prior antecedents
- Whether the prosecution’s evidence and allegations justify denial of bail
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 304(2), 317(2)
Subjects
- bail
- theft
- criminal procedure
- Bharatiya Nyaya Sanhita
- Section 304(2)
- Section 317(2)
- Indian criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90720 of 2025
Arising Out of PS. Case No.-317 Year-2025 Thana- KADAMKUAN District- Patna
======================================================
Chooha @ Raushan Kumar @ Chuha S/o- Late Mahendra Ram Village-
Ambedkar Bhawan, Machuatoli, P.S. Kadamkuan, Dist. Patna
... ... Petitioner/s
Versus
The State of Bihar
.. ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Aryan Singh, Advocate
For the Opposite Party/s : Mr.Jagdhar Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 13-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Kadamkuan P.S. Case No. 317 of 2025, instituted for the
offences under Sections 304(2) and 317(2) of the Bharatiya
Nyaya Sanhita, 2023.
3. Prosecution case, in short, is that on 08.05.2025
while informant was standing near S.K. Library in the
meanwhile petitioner came near the informant and snatched her
mobile phone. Later local people caught the petitioner and
handed over to the Police.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. He
further submitted that search and seizure memo was prepared
Patna High Court CR. MISC. No.90720 of 2025(2) dt.13-01-2026
2/2
without any independent witness. Learned counsel for the
petitioner submits that general and omnibus allegation has been
made against the petitioner. It has been submitted on behalf of
the petitioner that the petitioner is in custody since 09.05.2025
and has three 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 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 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 Kadamkuan P.S.
Case No. 317 of 2025.
(Rudra Prakash Mishra, J)
manish/-
U T
Checking your session…