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Patna High Court

Raushan KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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


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