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Patna High Court

RAJA PASWAN @ ANURAG KUMARversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to specified conditions.

Summary

Petitioner Raja Paswan (Anurag Kumar) was arrested on 4 August 2025 for alleged kidnapping of a girl with intent to marry, under Section 96 of the B.N.S., 2023. He filed a bail petition, claiming a clean criminal record and that the FIR was fabricated. The victim’s statement recorded under Section 183 of the B.N.S.S., 2023 did not support the prosecution and she refused a medical examination. The State and the informant opposed bail. Considering the petitioner’s clean antecedent and the victim’s non‑cooperation, the Court granted bail on a Rs.10,000 bond with two sureties and imposed conditions regarding trial attendance, evidence tampering, and verification of antecedents.

Issues considered

  • Whether bail should be granted to the petitioner accused under Section 96 of the B.N.S., 2023 for alleged kidnapping.
  • Whether the victim’s non‑supportive statement under Section 183 of the B.N.S.S., 2023 and refusal of medical examination affect the bail decision.

Legislation cited

Subjects

  • bail
  • kidnapping
  • false allegations
  • victim statement
  • clean antecedent
  • Section 96
  • Section 183
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.81870 of 2025
                    Arising Out of PS. Case No.-179 Year-2025 Thana- BHAGWANPUR District- Kaimur
                                                         (Bhabua)
                 ======================================================
                 RAJA PASWAN @ ANURAG KUMAR Son of Jagnarayan Paswan Resident
                 of Village - Mahendwar, P.S.- Bhagwanpur, District - Kaimur (Bhabua)

                                                                                ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Babulal Dhobi Son of Late Ganga Dhobi Resident of Village -
                 Mahendrawar, P.S.- Bhagwanpur, Distt.- Kaimur (Bhabua)

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Vikash Kumar, Advocate
                 For the Informant       :       Mr. Dharmendra Kumar Singh, Advocate
                 For the State           :       Mr. Kalyan Shankar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

5   31-01-2026                      Heard Mr. Vikash Kumar, learned counsel for the

                   petitioner, Mr. Dharmendra Kumar Singh, learned counsel for

                   the Informant and Mr. Kalyan Shankar, learned APP for the

                   State.

                                 2. Petitioner seeks bail, who is in custody since

                   04.08.2025, in connection with Bhagwanpur P.S. Case No. 179

                   of 2025, F.I.R. dated 28.07.2025 registered for the offences

                   punishable under Sections 96 of the B.N.S, 2023.

                                 3. Allegation against the petitioner is that he has

                   kidnapped the victim girl with the intention to marry with her.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner has clean antecedent and he has been falsely
Patna High Court CR. MISC. No.81870 of 2025(5) dt.31-01-2026
                                            2/3




          implicated in the present case.              He further submits that the

          allegation as alleged in the F.I.R. is false and fabricated and the

          petitioner has not committed any offence as alleged in the F.I.R.

          He further submits that the victim was recovered and her

          statement was recorded under Section 183 of the B.N.S.S., 2023

          in which she has not supported the case of the prosecution and

          apart from that she has also refused for her medical examination

          and the police after investigation submitted chargesheet against

          the petitioner and the petitioner is in custody since 04.08.2025.

                       5. Learned counsel for the Informant as well as

          learned Additional Public Prosecutor for the State has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the facts and circumstances of the case

          and the fact that the petitioner having clean antecedent and

          victim has not supported the case of the prosecution in her

          statement recorded under Section 183 of the B.N.S.S., 2023 and

          she has also refused for her medical examination, let the

          petitioner, above named, be released on bail on furnishing bail

          bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties

          of the like amount each to the satisfaction of learned District &

          Additional Sessions Judge, Sixth cum Special Judge POCSO

          Act, Kaimur (Bhabhua) in connection with Bhagwanpur P.S.
           Patna High Court CR. MISC. No.81870 of 2025(5) dt.31-01-2026
                                                       3/3




                     Case No. 179 of 2025, subject to the following conditions :-

                                  (1) Petitioner shall co-operate in the trial and shall be

                     properly represented on each and every date fixed by the Court

                     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.

                                  (2) If the petitioner tampers with the evidence or the

                     witness, in that case, the prosecution will be at liberty to move

                     for cancellation of bail.

                                  (3) 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 antecedents, 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)
Ibrar//-

U


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