Raushan Kumar @ Raushan Sada @ Roshan Sada v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74838 of 2025 Arising Out of PS. Case No.-302 Year-2024 Thana- MAHISHI District- Saharsa ====================================================== Raushan Kumar @ Raushan Sada @ Roshan Sada S/O Banelal Sada @ Vanelal Sada R/O Village- Teghra, Ward no. 19, P.S- Mahishi, DistrictSaharsa. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Akhilesh Paswan S/O Bhagwat Paswan R/O Village- Teghra, Ward No. 19, P.S- Mahishi, Distt.- Saharsa.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Madhav Jha For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 06-02-2026 Heard the parties.

2. The petitioner seeks bail in connection with Mahishi P.S. Case No. 302/2024, registered for the offence under Sections 296, 115(2), 76, 352, 351(2), 3(5) of BNSS and 8 of POCSO Act, 2012.

3. The petitioner is named in the F.I.R. and is in custody since 23.06.2025.

4. As per case of prosecution, while the minor daughters of the informant on the way of their school, were abused by petitioner and other co-accused by using vulgar words and also threatened them to make their

Patna High Court CR. MISC. No.74838 of 2025(2) dt.06-02-2026 2/3 video/photographs viral, when the daughters of the informant objected for same, the accused persons tried to disrobe them.

5. Learned counsel appearing on behalf of the petitioner submitted that the allegation is appearing very much general and omnibus against petitioner, where implication was made falsely out of neighborhood disputes and differences. It is pointed out that the allegation is very limited against this petitioner that he assaulted the informant with fists and slap. It is submitted that two similarly situated co-accused have already granted bail by learned co-ordinate Benches of this Court through Cr. Misc. No. 31644 of 2025 vide order dated 11.09.2025 and Cr. Misc. No. 88410 of 2024 vide order dated 22.03.2025. While concluding the argument, it is submitted that investigation of this case is already completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence and, moreover, petitioner is a man of clean antecedent.

6. Learned APP opposed the prayer of bail.

7. Considering the aforesaid factual submissions

Patna High Court CR. MISC. No.74838 of 2025(2) dt.06-02-2026 3/3 and by taking note of nature of accusation, which is appearing very much general and omnibus against this petitioner qua outraging, coupled with the fact that investigation of this case is already completed, where petitioner remains in custody since 23.06.2025, accordingly, petitioner above named, is directed to be released on bail in connection with Mahishi P.S. Case No. 302/2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, POCSO, Saharsa /concerned Court, subject to the conditions as mentioned under Section 480(3) of BNSS.

(Chandra Shekhar Jha, J) S.Tripathi/- U T