Patna High Court
Raushan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to the conditions imposed by the court.
Summary
Raushan Kumar was arrested in connection with an alleged offence of luring a minor for prostitution under Section 87 of the Bharatiya Nyay Sanhita, 2023, and has been in custody since 21 May 2025. The prosecution’s case rests on an informant’s allegation that the petitioner, together with co‑accused, abducted the victim. The defence contended that the petitioner has a clean criminal record, that the FIR implicates another individual, Sumit Kumar, and that no material evidence links the petitioner to the crime. The court observed that the prosecution’s case is based merely on suspicion and that no substantive proof has been produced. Accordingly, the court granted bail on a bond of Rs 10,000 with two sureties, subject to conditions of trial cooperation, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail can be granted when the accusation is based solely on suspicion and lacks material evidence
- Whether the nature of the offence under Section 87 of the Bharatiya Nyay Sanhita, 2023, warrants denial of bail
- Whether the petitioner’s clean antecedent influences the bail decision
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 87
Subjects
- bail
- criminal procedure
- Section 87
- Bharatiya Nyay Sanhita
- prostitution
- suspicion
- clean antecedent
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76159 of 2025
Arising Out of PS. Case No.-97 Year-2025 Thana- BHAGWANPUR District- Vaishali
======================================================
Raushan Kumar S/o Upendra Paswan R/o Village- Keshour, P.S.- Kudhani,
District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vasant Vikas, Advocate
For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 21-01-2026 Heard Mr. Vasant Vikas, learned counsel for the
petitioner as well as Mr. Bhanu Pratap Singh, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
21.05.2025 in connection with Bhagwanpur P.S. Case No. 97 of
2025, F.I.R. dated 13.04.2025 for the offences punishable under
Sections 87 of the Bharatiya Nyay Sanhita, 2023.
3. According to prosecution case, the informant
alleged that on 11.04.2025, the petitioner along with other co-
accused persons came to the house of her daughter-in-law,
namely, Pinki Kumari and and lured her and taken her away
with intention of prostitution and have absconded.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.76159 of 2025(4) dt.21-01-2026
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implicated in the present case. It appears from the FIR itself that
one Sumit Kumar used to come in the house of the Pinki
Kumari and petitioner is not at all involved in the present
occurrence and he has been made accused merely on the basis
of suspicion and except the aforesaid, no other cogent material
has come during investigation which suggest the involvement of
the petitioner in the present occurrence and apart from that the
victim is major and the police after investigation submitted the
charge sheet and the petitioner is in custody since 21.05.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
petitioner has clean antecedent and except suspicion, nothing
has come during investigation which suggest the involvement of
the petitioner in the present occurrence , let the petitioner, above
named, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Chief Judicial Magistrate,
Vaishali, Hajipur in connection with Bhagwanpur P.S. Case No.
97 of 2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
Patna High Court CR. MISC. No.76159 of 2025(4) dt.21-01-2026
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and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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