Patna High Court
Raushan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANIL KUMAR SINHA
Holding
Anticipatory bail was denied to the petitioner.
Summary
Petitioner Raushan Kumar sought anticipatory bail fearing arrest in a kidnapping case (Sup. P.S. Case No. 431 of 2025) registered under several sections of the B.N.S. 2023. The FIR alleges that Raushan, along with co‑accused, abducted the informant’s brother at gunpoint and used a Scorpio vehicle, which the petitioner claims does not belong to him. He argues there is no eye‑witness, the case is based merely on suspicion, and the informant later filed an affidavit stating the complaint was made in confusion and he wishes to withdraw. The petitioner also highlighted his clean criminal record. After considering the seriousness of the allegations, the court declined to grant anticipatory bail, finding the petition insufficient to outweigh the prosecution’s case.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the allegations of kidnapping and related offences under the B.N.S. 2023
- Whether the lack of eye‑witness and the informant’s subsequent affidavit negate the basis for arrest
Legislation cited
- B.N.S., 2023 — s. 115(2), 126(2), 140(1), 140(3), 303(2), 3(5)
Subjects
- anticipatory bail
- kidnapping
- section 126(2)
- section 115(2)
- section 140(1)
- section 140(3)
- section 303(2)
- section 3(5)
- B.N.S. 2023
- no eye‑witness
- affidavit withdrawal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10446 of 2026
Arising Out of PS. Case No.-431 Year-2025 Thana- SUPAUL District- Supaul
======================================================
Raushan Kumar S/O Ranjit Yadav R/O Vill.- Murali Methahi, Ward no. 9,
P.S.- Nawhatta, Dist.- Saharsa.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Binod Kumar Sinha
For the Opposite Party/s : Mr.Uma Shankar Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
3 30-04-2026 1. Heard the parties.
2. The petitioner apprehends his arrest in connection
with Supaul P.S. Case No. 431 of 2025 dated 23.08.2025
registered under Section 126(2), 115(2), 140(1), 140(3), 303(2),
3(5) of the B.N.S. 2023.
3. As per the first information report on the alleged
date of occurrence i.e. on 23.08.2025 the brother of the
informant was kidnapped by the petitioner -Raushan Kumar, the
co-accused Dilkhush Kumar, Rupesh Kumar and two unknown
persons on the point of gun while he was coming to Supaul from
Bakaur Bandh. The kidnappers took away the informant’s
brother in a Scorpio vehicle bearing registration no.
BR19V5707.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.10446 of 2026(3) dt.30-04-2026
2/2
petitioner is innocent and he has not committed any offence in
the manner alleged. He next submits that there is no eye witness
to the occurrence rather the petitioner has been made accused on
the basis of suspicion only. It is next submitted that the Scorpio
vehicle in question does not belong to the petitioner rather it
belongs to one Rakesh Kumar Roshan, son of Rajeshwar
Mandal and the same has come in paragraph no. 42 of the case
diary. He next submits that the informant has given an affidavit
before the C.J.M. Supaul on 19.09.2025 that due to confusion he
has lodged the case and now he does not want to proceed with
the case. The petitioner has no criminal antecedent.
5. Regard being had to the submission made by the
parties and taking into consideration the seriousness of the
allegation, I am not inclined to grant anticipatory bail to the
petitioner. The same is rejected.
(Anil Kumar Sinha, J)
praful/-
U T
Checking your session…