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2025 Supreme(Online)(Pat) 3807
PATNA HIGH COURT
PRABHAT KUMAR SINGH, J
Raushan Kumar Ojha @ Raushan Kumar @ Raushan Ojha – Appellant
Versus
The State of Bihar – Respondent
CRIMINAL MISCELLANEOUS No.86800 of 2025
For the Appellants/Petitioners: Mr. Ajit Kumar
For the Respondents: Mr. Asha Devi
The court emphasizes the necessity of eyewitness testimony and motive for the charges, allowing bail in the absence of concrete evidence.
Headnote:The petitioner seeks bail in a case registered under various sections of the B.N.S., with allegations of involvement in the death of Shankar Yadav. The Court considers the lack of witness testimony and the time of custody before granting bail. Key questions include both the nature of the evidence and the reasons for granting bail despite the charges. Ultimately, the petitioner is released on bail with conditions.
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
2 22-12-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State .
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 126(2), 127(2), 115(2), 109(1), 3(5) of the B.N.S.
3 . The allegation in the first information report is that Raushan Kumar Ojha and the petitioner had taken along with them the deceased Shankar Yadav on their motorcycle and subsequently he was found in an injured condition in the bushes.
4. Learned counsel for the petitioner submits that from a bare perusal of the first information report, it would only appear that the petitioner and co-accused Shashi Ojha were last seen in the company of the deceased which was in the evening of 13.02.2025 and the victim was found in an injured condition on the next morning near the river who was brought to the PMCH where he succumbed to the injuries during treatment. It has further been pointed out that for the occurrence which took place on 13.02.2025, the FIR was also lodged belatedly on 15.02.2025 and till that time the injured was not dead and the death of the deceased took place much later on 18.02.2025, however, in the meantime no statement of the deceased was recorded and Section 103(1) of the B.N.S. was added only on 24.02.2025. It is further submitted that there is no motive assigned as to why this petitioner has caused the death of the deceased. Petitioner is in custody since 20.02.2025 . Similarly situated co-accused person namely Shashi Ojha has already been granted bail by Co-ordinate Bench of this Hon’ble Court vide order dated 17.11.2025 in Cr. Misc. No. 70580 of 2025 .
5 . Learned APP for the State has opposed the application for bail.
6. Taking into consideration the facts and circumstances and also considering that the there is no eye witness to this case and period of custody and charges having been framed, let the above named petitioner, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. District & Session Judge – II, Buxar in connection with Brahmpur P.S. Case No. 23 of 2025 .
(Prabhat Kumar Singh, J)
Koushik/- U T
