Raushan Kumar @ Raushan Paswan Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Raushan Kumar @ Raushan Paswan Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be released, in the event of his arrest or surrender before the learned Court below within six weeks, on furnishing bail bond of Rs. 20,000 with two sureties of the like amount each, subject to the conditions under Section 482(2) of the B.N.S.S., in connection with Bhargama P.S. Case No. 22 of 2025.

Issue for consideration

Whether the petitioner, who apprehends arrest in connection with Bhargama P.S. Case No. 22 of 2025 (offences under Sections 137(2), 96 and 3(5) of the Bharatiya Nyaya Sanhita), is entitled to anticipatory bail.

Court's answer

Considering the facts and circumstances, and mainly the victim's statement recorded before the Judicial Magistrate, which goes against the prosecution's allegations levelled in the FIR, the Court held it is a fit case for grant of anticipatory bail to the petitioner.

Ratio / Principle

The petitioner, in the event of his arrest or surrender before the learned Court below within six weeks, was directed to be released on anticipatory bail on furnishing a bail bond of Rs. 20,000 with two sureties of the like amount each, subject to the conditions laid down under Section 482(2) of the B.N.S.S.

Detailed headnote1 paragraphs

Anticipatory bail — granted (Patna High Court, single Judge: Shailendra Singh, J; CRL.MISC. No.47157 of 2025, decided 15-11-2025). Petitioner apprehended arrest in Bhargama P.S. Case No. 22 of 2025 dated 19.01.2025, registered for offences punishable under Sections 137(2), 96 and 3(5) of the Bharatiya Nyaya Sanhita. It was submitted that the petitioner had no criminal antecedent, the victim had been recovered, and her statement recorded before the Judicial Magistrate under Section 183 of the BNSS did not support the allegations made by her mother (informant) in the FIR. Held: mainly because the victim's statement went against the prosecution's allegations in the FIR, it was a fit case for anticipatory bail; petitioner directed to be released on arrest or surrender within six weeks on bail bond of Rs. 20,000 with two sureties of the like amount each, subject to conditions under Section 482(2) of the B.N.S.S. (Paras 2-5)

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.47157 of 2025

Arising Out of PS. Case No.-22 Year-2025 Thana- BHARGAMA District- Araria

======================================================

Raushan Kumar @ Raushan Paswan, S/o Akhilesh Paswan, Resident of village- Gamahariya, Ward no. 14, P.S.- Bhargama, Distt- Araria (Bihar)

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Kumar Ravish, Adv. For the Opposite Party/s : Mr. Ram Priya Sharan Singh, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER

3 15-11-2025

Heard Mr. Kumar Ravish, learned counsel for the petitioner and Mr. Ram Priya Sharan Singh, learned APP for the State.

2. The petitioner apprehends his arrest in connection with Bhargama P.S. Case No. 22 of 2025 dated 19.01.2025 registered for the offences punishable under Sections 137(2), 96 and 3(5) of the Bharatiya Nyaya Sanhita.

3. The main submissions advanced by the petitioner’s counsel are that the petitioner has no criminal antecedent, the so-called victim has been recovered and she has recorded her statement before the Judicial Magistrate under Section 183 of the BNSS, in which she has not supported the allegations levelled by her mother (informant) in the FIR. It is further submitted that the prosecution’s story narrated in the FIR

Patna High Court CR. MISC. No.47157 of 2025(3) dt.15-11-2025 2/2

completely differs from the story narrated by the victim in her statement, which falsifies the allegation.

4. Learned APP for the State has opposed the petitioner’s prayer for bail and submits that there is a serious allegation against the petitioner in the FIR.

5. In the facts and circumstances of the case, considering the above-stated facts and mainly the victim’s statement recorded before the Judicial Magistrate, which goes against the prosecution’s allegations levelled in the FIR, in my opinion, it is a fit case for grant of anticipatory bail to the petitioner. Accordingly, let the petitioner named-above, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 20,000/(Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Bhargama P.S. Case No. 22 of 2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.

(Shailendra Singh, J)

annu/- U T