Patna High Court
Raushan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted anticipatory bail to the petitioner, subject to specified conditions.
Summary
Petitioner Raushan Kumar sought anticipatory bail fearing arrest in a case (Sarai P.S. Case No. 221/2025) alleging offences under Sections 85, 103(2) and 3(5) of the BNSS, with the prosecution alleging he killed his wife. The petitioner’s counsel argued that the wife actually died of dengue, the petitioner has a clean record, and his children are residing with his family. The Additional Public Prosecutor opposed the bail. The court examined the evidence and concluded that the death was due to dengue, finding no basis for the murder allegation. Consequently, the court granted anticipatory bail, subject to a Rs.10,000 bond, two sureties, verification of the children’s residence, and compliance with Section 438(2) CrPC and Section 482 BNSS. The bail order was conditioned on the petitioner surrendering within four weeks if arrested.
Issues considered
- Whether anticipatory bail can be granted in the present case under Section 438(2) of the CrPC and Section 482 of the BNSS.
- Whether the allegations of murder are substantiated given the claim of death due to dengue.
- Whether the petitioner’s clean antecedent and the residence of his children justify bail.
Legislation cited
- B.N.S. — s. 103(2), 3(5), 482, 85
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 BNSS
- death by dengue
- false implication
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91002 of 2025
Arising Out of PS. Case No.-221 Year-2025 Thana- SARAI District- Vaishali
======================================================
Raushan Kumar S/o Shivnath Sah R/o Village- Thakurwari Road Sarai Ward
No.4, P.S- Sarai, Dist- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bijay Bhushan Prasad
For the Opposite Party/s : Mr.Ram Anurag Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection
with Sarai P.S. Case No. 221/2025 registered for the offences
punishable under Sections 85, 103(2), 3(5) of the B.N.S.
3. As per the prosecution case, petitioner along with
his family members is alleged to have killed his wife.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the present case.
Learned counsel further submits that the wife of the petitioner
died due to dengue and her two children are staying with the
family of the petitioner. Learned counsel further submits that
petitioner is a man with a clean antecedent.
5. Learned APP for the State has opposed the prayer
Patna High Court CR. MISC. No.91002 of 2025(2) dt.28-01-2026
2/2
for anticipatory bail of the petitioner.
6. Considering the aforesaid facts and from the
records it appears that the deceased died due to dengue, this
application is allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, 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 C.J.M.,
Vaishali at Hajipur/ concerned Court below in connection with
Sarai P.S. Case No. 221 of 2025, subject to the conditions laid
down in Section 438(2) of the Code of Criminal Procedure,
1973 / Section 482 of the BNSS and further condition that:-
(i) The court below shall verify the
fact that whether the children are staying with the
family of the petitioner or not, if it is found that the
children are staying with the family of the petitioner
then the bail bond of the petitioner shall be accepted.
(Sandeep Kumar, J)
tusharika/-
U T
Checking your session…