Patna High Court

Raushan KumarversusThe State of Bihar

Decided: 24 February 2026
Disposal: BAIL GRANTED
Bench: SHAILENDRA SINGH

Holding

The Court held that anticipatory bail should be granted to the petitioner subject to conditions under Section 482(2) of the BNSS.

Summary

The petitioner, Raushan Kumar, a 21‑year‑old, sought anticipatory bail fearing arrest in connection with a FIR (Gurua PS Case No. 478 of 2023) alleging offences under IPC sections 363 (theft) and 365 (extortion). He contended that the FIR was lodged two days after the alleged incident and that the alleged victim, the informant’s daughter, had recorded a statement before the Judicial Magistrate acknowledging a love affair with him and not supporting the prosecution’s case. The State opposed the bail application. Considering the delay in filing the FIR, the victim’s statement, and the circumstances of the alleged love affair, the Court was inclined to grant anticipatory bail. The Court ordered that, upon arrest or surrender within six weeks, the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs 20,000 with two sureties, subject to conditions under Section 482(2) of the BNSS. The order was pronounced by Justice Shailendra Singh.

Issues considered

Whether anticipatory bail can be granted in a case involving alleged offences under IPC sections 363 and 365.
Whether the two‑day delay in lodging the FIR and the existence of a love affair between the petitioner and the victim affect the grant of anticipatory bail.
Whether Section 482(2) of the BNSS can be invoked to impose conditions on anticipatory bail.

Legislation cited

Bihar Negotiable Securities Act (BNSS) — s. 482(2)
Indian Penal Code — s. 363, 365

Subjects

anticipatory bail
IPC sections 363
IPC section 365
delay in FIR
love affair
Section 482(2) BNSS
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.8126 of 2026
                         Arising Out of PS. Case No.-478 Year-2023 Thana- GURUA District- Gaya
                 ======================================================
                 Raushan Kumar S/o- Sanjay Paswan R/v- Baiju Bigha P.S.- Gurua, Dist-
                 Gaya Ji

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Bindu Devi W/o- Manohar Prasad R/v- Baiju Bigha P.S.- Gurua Dist- Gaya
                 Ji

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Praveen Kumar, Advocate
                 For the State           :        Mr. Md. Ataur Rahman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   24-02-2026                      Heard learned counsel for the Petitioner and

                   learned APP for the State.

                                 2. The petitioner apprehends his arrest in connection

                   with Gurua P.S. Case No. 478 of 2023, dated 26.10.2023

                   registered for the offences punishable under Sections 363 and

                   365 of the Indian Penal Code.

                                 3. Mr. Praveen Kumar, learned counsel appearing for

                   the petitioner submits that the petitioner is twenty-one years old

                   and the FIR was lodged after a delay of two days from the

                   commission of the alleged occurrence. He further submits that

                   there was, in fact, a love affair between the petitioner and the

                   informant’s daughter. It is also submitted that the victim has
           Patna High Court CR. MISC. No.8126 of 2026(2) dt.24-02-2026
                                                       2/2




                     recorded her statement before the Judicial Magistrate, in which

                     she has not supported the prosecution’s allegations but has

                     admitted her love affair with the petitioner, a fact which is also

                     reflected in the trial court’s order.

                                4. Learned APP for the State has opposed the prayer for

                     bail of the petitioner.

                                  5. Considering the facts and circumstances of this

                     case as well as the above submissions, this Court is inclined to

                     grant the relief of anticipatory bail to the petitioner. Accordingly,

                     let the petitioner named-above, in the event of his arrest or

                     surrender before the learned Court below within a period of six

                     weeks from today, be released on anticipatory bail on furnishing

                     bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two

                     sureties of the like amount each to the satisfaction of the Court

                     concerned in connection with Gurua P.S. Case No. 478 of 2023,

                     subject to the conditions as laid down under Section 482(2) of

                     the BNSS.



                                               (Shailendra Singh, J)

maynaz/-

U     T

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