Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68660 of 2025 Arising Out of PS. Case No.-118 Year-2025 Thana- UCHKAGAON District- Gopalganj ====================================================== Raushan Kumar S/o Suresh Pasi R/o Village- Videshi Tola @ Bedesi Tola, P.S.- Thawe in the District of Gopalganj ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Kumar, Adv.

For the Opposite Party/s :

Mr.Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Uchkagaon P.S. Case No. 118 of 2025 instituted for the offences under Section 309(4) of the B.N.S., 2023.

3. As per prosecution case, three unknown miscreants assaulted the informant and snatched his mobile and Rs. 10,000/- from his pocket and fled away.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case merely on the basis of suspicion. The petitioner is not named in the F.I.R. and his name has surfaced in this case in course of

Patna High Court CR. MISC. No.68660 of 2025(2) dt.24-09-2025 2/3 investigation on the basis of his self-confession. He further submits that neither the petitioner was arrested at the alleged place of occurrence nor the T.I.P has been held till date. He further submits that nothing incriminating/looted article has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged occurrence. He further submits that the recovered motorcycle bearing Regd. No. BR-288AF-2435 belongs to petitioner's mother. The petitioner has no criminal antecedent and is languishing in judicial custody since 04.05.2025 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged is serious in nature. He submits that the police has recovered looted mobile of the informant from the possession of the petitioner.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail, after framing of charge if not already framed, on furnishing bail bonds of Rs.15,000/- (Rupees Fifteen Thousand) with two sureties of the

Patna High Court CR. MISC. No.68660 of 2025(2) dt.24-09-2025 3/3 like amount each to the satisfaction of Court below/concerned Court in connection with Uchkagaon P.S. Case No. 118 of 2025, subject to the following conditions;

(i) One of the bailor(s) shall be the own/close family members of the petitioner.

(ii) The petitioner shall cooperate 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(Rudra Prakash Mishra, J) rishi/- U T