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Patna High Court

Raushan Kumar @ Raushan Sada @ Roshan SadaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                           3/3




                         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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