Patna High Court
Roushan Kumar @ Amit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that bail should be granted as the prosecution’s case is weak and the petitioners’ right to liberty outweighs the allegations.
Summary
The petitioners, Roushan Kumar and Karu Paswan, were arrested in connection with the abduction and alleged murder of an informant’s son, whose body was later recovered. The prosecution’s case is based mainly on the informant’s suspicion, with no eyewitness testimony and a delayed filing of the FIR after the body was found. The petitioners argued that they are innocent, have clean antecedents, and that similar co‑accused have already been granted bail. The State opposed the bail, citing the seriousness of the offences under the Bharatiya Nyaya Sanhita, 2023. Considering the lack of substantive evidence, the delay in reporting, and the period of custody, the Court allowed regular bail, directing the petitioners to furnish a bail bond of Rs.10,000 with two sureties each.
Issues considered
- Whether regular bail can be granted in a case involving offences under Sections 138, 140(1), 140(3), 142, 3(5), 103(1), 238 and 61(2) of the Bharatiya Nyaya Sanhita, 2023.
- Whether the prosecution’s evidence and the delay in filing the FIR justify denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 138, 140, 142, 238, 3, 61
Subjects
- regular bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- abduction
- murder
- delay in FIR
- co‑accused bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90480 of 2025
Arising Out of PS. Case No.-400 Year-2024 Thana- HARNAUT District- Nalanda
======================================================
1. Roushan Kumar @ Amit Kumar S/o Vinod Paswan R/o Village - Sinduara,
P.S.- Chandi, District - Nalanda
2. Karu Paswan @ Anish Kumar S/o Vinod Paswan R/o Village - Sinduara,
P.S.- Chandi, District - Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sukesh Ranjan, Advocate
For the Opposite Party/s : Mr. Rajendra Nath Jha, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 12-02-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. Petitioners seek regular bail in connection with
Sessions Trial No.161 of 2025 arising out of Harnaut P.S. Case
No. 400 of 2024 in a case registered for the offences punishable
under Sections 138, 140(1), 140(3), 142 and 3(5) of the
Bharatiya Nyaya Sanhita, 2023, later on 103(1), 238 and 61(2)
of the B.N.S. were also added.
3. As per prosecution story, the son of the informant
left his house and went to visit some fair but did not return and
thereafter, the informant named the petitioners and other co-
accused for being involved in the abduction of her son with
Patna High Court CR. MISC. No.90480 of 2025(2) dt.12-02-2026
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intention of killing. Later on, the dead body of the son of the
informant was found.
4. Learned counsel for the petitioners submits that
petitioners are quite innocent and have falsely been implicated
in this case. He further submits that from perusal of the F.I.R. it
is evident that informant is not the eye witness of the alleged
occurrence and only suspicion has been raised against
petitioners by the informant. During course of investigation,
none of the witnesses have claimed to have seen these
petitioners committing the alleged occurrence. It is further
submitted that the son of the informant went missing on
12/13.10.2024, but informant did not lodge any report and the
written report was lodged for the first time on 17.10.2024 after
recovery of dead body. Similarly situated co-accused persons,
namely, Shakila Devi and Asha Devi have been granted bail by a
co-ordinate Bench of this Hon’ble Court vide order dated
06.08.2025 passed in Cr. Misc. No.21451 of 2025. Petitioners
claims clean antecedent and are in custody since 13.11.2024.
5. Learned A.P.P. for the State opposes the bail
application of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and period of custody, the bail application is allowed.
Patna High Court CR. MISC. No.90480 of 2025(2) dt.12-02-2026
3/3
Let the above named petitioners be released on bail on
furnishing bail-bond of Rs. 10,000/- (ten thousand) each with
two sureties of the like amount each to the satisfaction of the
learned District and Additional Sessions Judge- 2nd , Biharsharif,
Nalanda, in connection with Harnaut P.S. Case No. 400 of 2024
(Prabhat Kumar Singh, J)
Navya/-
U T
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