Allowed¶15

Raushan Kumar v. The State of Bihar

Bail granted – Criminal Miscellaneous

Patna HC29 Jan 2026CR. MISC./91036/2025

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Case brief

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What is this about?

Patna High Court, CR. MISC. No.91036 of 2025, Raushan Kumar v. State of Bihar, decided 29-01-2026 by Rajesh Kumar Verma, J.; regular bail; BNS 2023 Ss. 303(2), 318(4), 317(5), 3(5); I.T. Act S. 66(c); Kankarbagh P.S. Case No. 867 of 2025; bail bond Rs. 10,000/-; ACJM-XI Patna; charge sheet filed.

What did the court decide?

Bail granted: petitioner to be released 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, subject to conditions (i)-(iii): co-operation in trial and physical presence on each date fixed; no tampering with evidence or witnesses; verification of criminal antecedent by the court below without delaying acceptance of bail bonds. ¶15

Raushan Kumar Vs The State of Bihar — Cheating and Forgery | Patna HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, in custody since 15.09.2025 in connection with Kankarbagh P.S. Case No. 867 of 2025, should be released on bail.

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Court's answer

Bail granted because the petitioner has clean antecedent, was arrested on the basis of suspicion, and no incriminating article was recovered from his possession except mobile phones which belong to the petitioner only.

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Ratio / Principle

Petitioner directed to 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, subject to conditions: co-operation in trial and physical presence on dates fixed (bail bond cancellable on absence on two consecutive dates without sufficient reason); no tampering with evidence or witnesses; and verification of criminal antecedent by the court below, without delaying acceptance of bail bonds for such verification.

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Detailed headnote1 paragraphs

Bail granted — Criminal Miscellaneous — offences under Sections 303(2), 318(4), 317(5) and 3(5) of the BNS, 2023 and Section 66(c) of the I.T. Act (Kankarbagh P.S. Case No. 867 of 2025, F.I.R. dated 14.09.2025) — petitioner in custody since 15.09.2025 — arrested on the basis of suspicion; only recoveries from petitioner were two mobile phones belonging to him; clean antecedent — released on bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned ACJM-XI, Patna, subject to conditions on trial attendance, non-tampering with evidence/witnesses, and verification of criminal antecedent.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.91036 of 2025

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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

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... ... 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 ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

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3 29-01-2026

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Heard Mr. Anurag Pandey, learned counsel for the petitioner and Mr. Jai Narain Thakur, learned Additional Public Prosecutor for the State.

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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.

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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.

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Learned counsel for the petitioner submits that

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Patna High Court CR. MISC. No.91036 of 2025(3) dt.29-01-2026 2/3

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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.

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Learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.

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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

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Patna High Court CR. MISC. No.91036 of 2025(3) dt.29-01-2026 3/3

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

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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.

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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.

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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.

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(Rajesh Kumar Verma, J)

Raushan Kumar v. The State of Bihar

Case brief

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Raushan Kumar v. The State of Bihar

Case brief

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What the court decided

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