Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1 of 2026 Arising Out of PS. Case No.-33 Year-2025 Thana- IMAMGANJ District- Gaya ====================================================== Raushan Kumar son of Bhola Manjhi Resident of Village - Banke Bazar, P S -Banke Bazar District -Gaya ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Abhishek, Advocate For the State :

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-02-2026 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 103 and 3(5) of the B.N.S. and later on, Section 27 of the Arms Act was added.

3. As per prosecution case, it is alleged that while brother of informant, namely Santosh Kumar, was returning home after collection money from the customers, in the meantime, three unknown miscreants killed him by firing gun shots.

4. Learned counsel for the petitioner submits that petitioner is quite innocent and has committed no offence.

Patna High Court CR. MISC. No.1 of 2026(2) dt.13-02-2026 2/3 Informant is not an eye witness to the occurrence. Petitioner is not named in the F.I.R.. Name of petitioner transpired in this case during investigation merely on the basis of confessional statement of co-accused person. Moreover, charge-sheet has already been submitted and petitioner is in custody since 25.04.2025.

5. On the other hand, learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner and submitted that name of petitioner transpired in this case during investigation and on the disclosure of this petitioner, one country made pistol, which was used in commission of the offence, was recovered from the house of co-accused Deepak Kumar. Petitioner has got one criminal antecedent.

6. Considering the facts and circumstances of the case, materials that have surfaced during course of investigation, gravity of offence and criminal antecedent of the petitioner, the prayer for grant bail of to the petitioner is rejected.

7. However, considering the fact that petitioner is in custody since 25.04.2025, the learned trial court is directed to expedite the trial and conclude the same, preferably within a

Patna High Court CR. MISC. No.1 of 2026(2) dt.13-02-2026 3/3 period of one year from the date of receipt/production of a copy of this order.

(Prabhat Kumar Singh, J) shashank/- U T