Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.569 of 2025 Arising Out of PS. Case No.-185 Year-2024 Thana- MEDNI CHAUKI District- Lakhisarai ====================================================== Raushan Kumar Son of Sri Gendalal Mahto Resident of village - Paharpur, Police Station - Mednichowki, District - Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Avinash Raj, Adv.

For the Opposite Party/s :

Mr.Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-03-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Mednichowki P.S. Case No. 185 of 2024 instituted for the offences under Sections 103(1), 3(5) of the Bhartiya Nyaya Sanhita, 2023.

3. As per prosecution case, the accusation against the unknown miscreants is of committing murder of the Informant's father.

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 due to local politics. The petitioner is not named in the F.I.R. as

Patna High Court CR. MISC. No.569 of 2025(3) dt.27-03-2025 2/3 the same has been instituted against the unknown. The petitioner was arrested by the police on 20.08.2024 at 17.30 hours on the basis of the suspicion whereafter the police recorded his confessional statement and, thereafter, the F.I.R. was lodged on the same date at 01.45 PM. Except confessional statement of the petitioner, there is nothing against the petitioner in the entire record of this case. There is no eye-witness to the alleged occurrence. The petitioner has no concern with the alleged occurrence. The petitioner has no criminal antecedent and is languishing in judicial custody since 21.08.2024 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. The petitioner has confessed his guilt of being involved in the alleged occurrence. There is direct allegation against the petitioner of committing murder of the Informant's brother. The postmortem report supports the prosecution case and, hence, he does not deserve bail. The Investigating Officer after completion of investigation has submitted charge-sheet under Sections 103(1) of the B.N.S. and Section 3(i)(r)(s)/3(2)(v) of the SC/ST Act.

Patna High Court CR. MISC. No.569 of 2025(3) dt.27-03-2025 3/3

6. Having heard rival contention of both the parties as also considering the nature and gravity of the offence, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, the prayer for bail of the petitioner, above named, is rejected with a direction to the court below to expedite the trial and conclude the same expeditiously. (Rudra Prakash Mishra, J) rishi/- U T