Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42419 of 2025 Arising Out of PS. Case No.-749 Year-2024 Thana- BIDUPUR District- Vaishali ====================================================== Raushan Kumar S/o Bhola Bhagat @ Bhola Mahto Resident of VillageKanchanpur, P.s-Bidupur, Dist.-Vaishali ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashutosh Kumar, Adv.

For the Opposite Party/s :

Mr.Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 09-07-2025 Heard Learned Counsel for the petitioner and Learned APP for the State.

2. The present Criminal Miscellaneous Application has been filed under Section 482 of The Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as "BNSS, 2023") for grant of anticipatory bail to the petitioner who apprehend his arrest in connection with Bidupur P.S. Case No.749 of 2024 lodged on 20.11.2024, for the offences punishable under Sections 143(3), 127(7) and 64 of the B.N.S., 2023.

3. As per the prosecution, FIR has been lodged against the petitioner with allegation that he has illegal relation with the informant and threatened to not disclose anything otherwise, video would be viral on social media.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He

Patna High Court CR. MISC. No.42419 of 2025(2) dt.09-07-2025 2/2 submits that the petitioner has been falsely implicated in the present case. He further submits that informant is a habitual litigant due to which his name has figured in the FIR.

5. Counsel submits that the criminal antecedent of the petitioner is not clean. There is one criminal case pending against him.

6. Learned APP for the State opposes the prayer for bail and submits that the petitioner is named in the F.I.R. and specific allegation of threat has been made by the informant.

7. In the present facts and circumstances, this Court is not inclined to grant anticipatory bail to the petitioner, therefore the bail application of the petitioner is hereby rejected.

8. However, trial court is directed to consider the regular bail application of the petitioner, if he surrenders within 4 weeks from today and prays for regular bail, then trial court shall pass order on merit without being prejudice of the present order preferably on the same day.

(Dr. Anshuman, J.) Prakashmani/- U T