Patna High Court
Raushan KumarversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court refused bail to the petitioner.
Summary
Raushan Kumar was arrested on 29 May 2025 in connection with a kidnapping case (FIR dated 18 January 2025) under Section 143(D) of the Bharatiya Nyay Sanhita. He sought bail, asserting a clean record and that his name was not mentioned in the FIR, only inferred from telephone call details. The prosecution contended that he participated in the kidnapping of the informant’s daughter, who remains missing. The court noted that the investigation produced no substantive evidence linking the petitioner to the crime beyond the call records. Given the seriousness of the alleged offence and the lack of convincing material to exonerate him, the court refused bail. Consequently, the bail application was dismissed.
Issues considered
- Whether bail should be granted to the petitioner in a kidnapping case under Section 143(D) of the Bharatiya Nyay Sanhita, considering the evidence presented.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 143(D)
Subjects
- bail
- kidnapping
- criminal procedure
- Bharatiya Nyay Sanhita
- Section 143(D)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57863 of 2025
Arising Out of PS. Case No.-6 Year-2025 Thana- Bhalpatti District- Darbhanga
======================================================
Raushan Kumar son of Vijay Mandal R/o - Hajipur, P.S - Keoti, District -
Darbhanga, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vinay Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Shahabuddin Azeem @ S. Azeem, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 17-03-2026 Heard Mr. Vinay Kumar Mishra, learned counsel
for the petitioner and Mr. Shahabuddin Azeem @ S. Azeem,
learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since
29.05.2025, in connection with Balpatti P.S. Case No. 06 of
2025, FIR dated 18.01.2025 registered for the offence under
Sections 143(D) of the Bharatiya Nyay Sanhita, 2023.
3. According to the prosecution case, it is alleged that
the petitioner along with other accused person kidnapped the
daughter of the informant.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent and he has
falsely been implicated in this case. He further submits that the
allegation as alleged in the F.I.R. is false and fabricated and the
Patna High Court CR. MISC. No.57863 of 2025(3) dt.17-03-2026
2/2
petitioner has not committed any offences as alleged in the
F.I.R. Petitioner is not named in the FIR and his name transpired
during investigation on the basis of call details and police
suspected that the petitioner was in touch with the co-accused
Rita Kumari and except the call details, no other cogent material
has come during investigation which suggest the involvement of
the petitioner in the present occurrence.
6. Learned A.P.P. for the State, on the other hand, have
vehemently opposed the prayer for bail of the petitioner and
submits that it has come during investigation that the petitioner
was involved in the present crime in question and apart from
that the victim girl is still traceless.
7. Considering the facts and circumstances of the
case, I am not inclined to enlarge the petitioner on bail in
connection with Balpatti P.S. Case No. 06 of 2025 pending in
the Court of Chief Judicial Magistrate, Darbhanga.
8. Prayer is refused.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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