Patna High Court
Raushan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Narcotic Substances Act, 2023 — s. 303(2), 317(5), 318(4), 3(5)
- Information Technology Act — s. 66(c)
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
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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
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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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