Patna High Court
Raushan Kumar @ KaimaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner, finding the allegations insufficiently specific and lacking material evidence to justify continued custody.
Summary
The petitioner, Raushan Kumar, was charged with kidnapping, assault with a knife, robbery, forced money transfer, and discharge of a firearm, invoking IPC sections 342, 323, 324, 327, 379, 307/34 and Arms Act section 27. He applied for regular bail, arguing that the FIR was vague, the injury report did not match the alleged knife assault, a co‑accused testified that no crime was committed by him, and no contraband was recovered from his possession. The State opposed bail, emphasizing the seriousness of the offences, including attempt to murder and illegal possession of arms. After considering the submissions, the court found the allegations against the petitioner insufficiently specific and noted the lack of material evidence, and therefore ordered his release on bail. The bail was conditioned on a bond of Rs 10,000 with two sureties and compliance with the Additional Chief Judicial Magistrate, Barh.
Issues considered
- Whether the petitioner is entitled to regular bail despite charges of kidnapping, assault, robbery, attempt to murder and illegal possession of arms.
- Whether the FIR and accompanying evidence specifically implicate the petitioner in the alleged offences.
- Whether the co‑accused's testimony and lack of recovered material justify granting bail.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 307, 323, 324, 327, 34, 342, 379
Subjects
- bail
- kidnapping
- robbery
- assault
- attempt to murder
- illegal possession of arms
- Indian Penal Code
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9180 of 2026
Arising Out of PS. Case No.-830 Year-2023 Thana- BARH District- Patna
======================================================
Raushan Kumar @ Kaima S/o- Dayanand Ram @ Dayanand Chandravanshi
@ Deva R/v- Poyhama Per Bedhna, P.S- Barh, District-Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Patanjali Rishi, Advocate
For the Opposite Party/s : Mr. Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 342, 323,
324, 327, 379 & 307/34 of the Indian Penal Code and under
Section 27 of the Arms Act.
3. The case of the prosecution, in short, is that while
the informant was on his way to railway station at 04:30A.M.,
as he reached Kondi Road stand, the petitioner and four others
forcefully surrounded and kidnapped him and brutally assaulted
him with knife and snatched Rupees Twenty Two Thousand and
forced him to transfer Rupees Seventeen Thousand from
informant’s mobile through Phonepe to their bank accounts.
They also fired from pistol which passed away near informant’s
Patna High Court CR. MISC. No.9180 of 2026(2) dt.06-02-2026
2/3
temple region.
4. Learned counsel for the petitioner has submitted
that from perusal of the FIR it is clear that nature of allegation is
general and omnibus. There is no specific allegation against the
petitioner. It has also been submitted by the learned counsel for
the petitioner that as far as injury report is concerned, the injury
of Dharamveer goes to show that he has received injuries with
hard and blunt object, whereas allegation is that he was
assaulted with knife. Learned counsel for the petitioner has
further submitted that in the trial of co-accused Dharamveer
himself has been examined and he has stated that the accused
persons have not committed any crime against him. It has
further been submitted that nothing has been recovered from the
possession of this petitioner. Learned counsel for the petitioner
has lastly submitted that the petitioner is in judicial custody
since 22.10.2025.
5. Learned Additional Prosecutor for the State has
vehemently opposed the bail application of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
bail in connection with Barh P.S. Case No. 830 of 2023 on
Patna High Court CR. MISC. No.9180 of 2026(2) dt.06-02-2026
3/3
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Additional Chief Judicial Magistrate- 1st, Barh (Patna).
(Ashok Kumar Pandey, J)
durgesh/-
U T
Checking your session…