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Patna High CourtCR. MISC./1730/2026rejected

Raushan Kumar v. The State Of Bihar

2026-04-28Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1730 of 2026 Arising Out of PS. Case No.-41 Year-2018 Thana- BAHADURPUR District- Patna ====================================================== Raushan Kumar S/o Sri Dinanath Prasad Resident of Mohalla - Rampur Dhobighat, P.S - Bahadurpur, District - Patna Permanent Address - R/o - Bur Beldari Deluri Math, P.S - Hulashganj, District - Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar Singh, Advocate For the Opposite Party/s :

Ms. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 28-04-2026 Heard Mr. Arvind Kumar Singh, learned counsel for the petitioner and Ms. Indu Kumari Srivastava, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 03.06.2025 in connection with Bhadurpur P.S. Case No. 41 of 2018, F.I.R. dated 27.02.2018 for the offences punishable under Sections 147, 148, 149, 324 and 307 of the Indian Penal Code and Section 27 of the Arms Act.

3. According to prosecution case, this petitioner along with other accused persons have fired upon the informant due to which he received firearm injury.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.1730 of 2026(5) dt.28-04-2026 2/3 petitioner is innocent and he has falsely been implicated in the present case. The allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR.

5. Learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that from perusal of the FIR it appears that there is direct and specific allegation against the petitioner that he has fired upon the victim due to which he received injury and the injury report suggest that the injury is a firearm injury and the same is grievous in nature. Apart from that the FIR has been instituted in the year 2018 but the petitioner has not chose to surrender or seek for anticipatory bail from the competent court of law and when in the year 2025, the process of 82/83 of Cr.P.C. has been initiated then the petitioner surrenders in the court below. He further submits that the petitioner has fired upon the chest of the victim which suggest that he has fired upon him with an intention to kill him.

6. Considering the nature of allegation supported by the medical evidence, I am not inclined to enlarge the petitioner on bail in connection with Bahadurpur P.S. Case No. 41 of 2018 pending in the court of learned Judicial Magistrate 1st Class,

Patna High Court CR. MISC. No.1730 of 2026(5) dt.28-04-2026 3/3 Patna city.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Vanisha/- U T