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Patna High Court

Raushan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted as the petitioner has a clean antecedent and the arrest was based only on suspicion with no incriminating material beyond his own mobile phones.

Summary

Raushan Kumar was arrested on 15 September 2025 in connection with a case involving alleged offences under Sections 303(2), 318(4), 317(5), 3(5) of the Bihar Narcotic Substances Act, 2023 and Section 66(c) of the Information Technology Act. The prosecution alleged that two mobile phones were recovered from him and that a search of his house yielded incriminating articles. The petitioner contended that he has a clean antecedent, the phones belong to him, and no material other than suspicion links him to the crime. The court examined the nature of the evidence, noting the absence of any incriminating article apart from the petitioner’s own phones, and considered the petitioner’s clean record. Accordingly, the court granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of antecedents.

Issues considered

  • Whether bail should be granted to the petitioner given the alleged offences and the evidence on record
  • Whether the arrest was made on mere suspicion without sufficient material to justify continued detention
  • Whether the recovery of the petitioner’s mobile phones constitutes sufficient incriminating evidence

Legislation cited

Subjects

  • bail
  • criminal procedure
  • suspicion
  • mobile phone evidence
  • clean antecedent
  • Information Technology Act
  • Bihar Narcotic Substances Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91036 of 2025
                     Arising Out of PS. Case No.-867 Year-2025 Thana- KANKARBAG District- Patna
                 ======================================================
                 Raushan Kumar S/o- Shashi Ranjan Kumar Resident of Village-Mayapur
                 Police Station- Katri Sarai, Dist- Nalanda, A/P- Ashok Nagar Road No-11,
                 C/o- Ashok KUmar Singh, Ps- Kankarbagh Dist- Patna
                                                                             ... ... Petitioner/s
                                                    Versus
                 The State of Bihar                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Anurag Pandey, Advocate
                 For the Opposite Party/s :      Mr. Jai Narain Thakur, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   29-01-2026                       Heard Mr. Anurag Pandey, learned counsel for the

                   petitioner and Mr. Jai Narain Thakur, learned Additional Public

                   Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   15.09.2025.2025 in connection with Kankarbagh P.S. Case No.

                   867 of 2025, F.I.R. dated 14.09.2025 for the offences punishable

                   under Sections 303(2), 318(4), 317(5) and 3(5) of the BNS,

                   2023 and Section 66(c) of the I.T. Act.

                               3.     According to prosecution case, the informant

                   arrested the petitioner with other accused persons and on search

                   two mobile phones were recovered from the possession of the

                   petitioner. It is further alleged that the petitioner's house was

                   also searched from where several incriminating articles have

                   been recovered.

                               4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.91036 of 2025(3) dt.29-01-2026
                                            2/3




          petitioner has clean antecedent and he has falsely been

          implicated in the present case. The petitioner has been

          apprehended by the police on the basis of suspicion. It appears

          from the F.I.R as well as seizure list that two mobile phones of

          Oppo company have been recovered from the possession of the

          petitioner. He further submits that the said recovered mobile

          phones are petitioner's mobile phones and not the stolen one and

          except the suspicion, no other material has come during

          investigation which suggest the involvement of the petitioner in

          the present occurrence. He further submits that the police after

          investigation submitted the charge sheet against the petitioner.

          The petitioner is in custody since 15.09.2025.

                      5.    Learned       Additional       Public   Prosecutor   has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          that the petitioner has clean antecedent, he has been arrested on

          the basis of suspicion and no incriminating article has been

          recovered from his possession except the mobile phones which

          belong to the petitioner only, let the petitioner, above named, be

          released on bail on furnishing bail bond of Rs. 10,000/- (Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of the learned ACJM-XI, Patna in connection with
            Patna High Court CR. MISC. No.91036 of 2025(3) dt.29-01-2026
                                                        3/3




                      Kankarbagh P.S. Case No. 867 of 2025, subject to the following

                      conditions:-

                                   i. 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.

                                   ii. If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to

                      move for cancellation of bail.

                                   iii. 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 antecedent, the court below shall take step for

                      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)
Vanisha/-
U      T


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