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Patna High Court

Raushan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                        3/3




                      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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