Patna High Court
Raushan Kumar @ Raushan Sada @ Roshan SadaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to the petitioner subject to a bond and conditions under Section 480(3) of the BNSS.
Summary
Petitioner Raushan Kumar was arrested in connection with a case alleging that he, along with co‑accused, abused minor girls by using vulgar language, threatening them, and attempting to disrobe them. He has been in custody since 23 June 2025 and faces charges under several sections of the BNSS and Section 8 of the POCSO Act, 2012. The petitioner argued that the allegations are vague, stem from a neighbourhood dispute, and that the investigation is complete, citing that two co‑accused have already been granted bail and that he has a clean antecedent. The State opposed bail, emphasizing the seriousness of the offences. The court, noting the completed investigation, the duration of custody, and the petitioner’s claim of limited involvement, ordered his release on bail upon furnishing a bond of Rs 10,000 with two sureties, subject to conditions under Section 480(3) of the BNSS.
Issues considered
- What is the appropriateness of granting bail to the petitioner in a case involving serious offences under the BNSS and the POCSO Act?
- Does the completion of investigation and the petitioner’s clean antecedent justify bail despite the nature of the allegations?
Legislation cited
- BNSS — s. 115(2), 296, 3(5), 351(2), 352, 480(3), 76
- POCSO Act, 2012 — s. 8
Subjects
- bail
- POCSO Act
- child sexual abuse
- BNSS
- criminal procedure
- surety
- Section 480(3)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74838 of 2025
Arising Out of PS. Case No.-302 Year-2024 Thana- MAHISHI District- Saharsa
======================================================
Raushan Kumar @ Raushan Sada @ Roshan Sada S/O Banelal Sada @
Vanelal Sada R/O Village- Teghra, Ward no. 19, P.S- Mahishi, District-
Saharsa.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Akhilesh Paswan S/O Bhagwat Paswan R/O Village- Teghra, Ward No. 19,
P.S- Mahishi, Distt.- Saharsa.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Madhav Jha
For the Opposite Party/s : Mr.Nawal Kishore Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 06-02-2026 Heard the parties.
2. The petitioner seeks bail in connection with
Mahishi P.S. Case No. 302/2024, registered for the offence
under Sections 296, 115(2), 76, 352, 351(2), 3(5) of BNSS
and 8 of POCSO Act, 2012.
3. The petitioner is named in the F.I.R. and is in
custody since 23.06.2025.
4. As per case of prosecution, while the minor
daughters of the informant on the way of their school, were
abused by petitioner and other co-accused by using vulgar
words and also threatened them to make their
Patna High Court CR. MISC. No.74838 of 2025(2) dt.06-02-2026
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video/photographs viral, when the daughters of the informant
objected for same, the accused persons tried to disrobe them.
5. Learned counsel appearing on behalf of the
petitioner submitted that the allegation is appearing very
much general and omnibus against petitioner, where
implication was made falsely out of neighborhood disputes
and differences. It is pointed out that the allegation is very
limited against this petitioner that he assaulted the informant
with fists and slap. It is submitted that two similarly situated
co-accused have already granted bail by learned co-ordinate
Benches of this Court through Cr. Misc. No. 31644 of 2025
vide order dated 11.09.2025 and Cr. Misc. No. 88410 of
2024 vide order dated 22.03.2025. While concluding the
argument, it is submitted that investigation of this case is
already completed, for which charge-sheet has been
submitted, as such, there is no chance of tampering with the
evidence and, moreover, petitioner is a man of clean
antecedent.
6. Learned APP opposed the prayer of bail.
7. Considering the aforesaid factual submissions
Patna High Court CR. MISC. No.74838 of 2025(2) dt.06-02-2026
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and by taking note of nature of accusation, which is appearing
very much general and omnibus against this petitioner qua
outraging, coupled with the fact that investigation of this case
is already completed, where petitioner remains in custody
since 23.06.2025, accordingly, petitioner above named, is
directed to be released on bail in connection with Mahishi P.S.
Case No. 302/2024 on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned Special Judge, POCSO,
Saharsa /concerned Court, subject to the conditions as
mentioned under Section 480(3) of BNSS.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
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