Roushan Kumar @ Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.90480 of 2025 Arising Out of PS. Case No.-400 Year-2024 Thana- HARNAUT District- Nalanda ====================================================== 1.

Roushan Kumar @ Amit Kumar S/o Vinod Paswan R/o Village - Sinduara, P.S.- Chandi, District - Nalanda 2.

Karu Paswan @ Anish Kumar S/o Vinod Paswan R/o Village - Sinduara, P.S.- Chandi, District - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sukesh Ranjan, Advocate For the Opposite Party/s :

Mr. Rajendra Nath Jha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-02-2026 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. Petitioners seek regular bail in connection with Sessions Trial No.161 of 2025 arising out of Harnaut P.S. Case No. 400 of 2024 in a case registered for the offences punishable under Sections 138, 140(1), 140(3), 142 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, later on 103(1), 238 and 61(2) of the B.N.S. were also added.

3. As per prosecution story, the son of the informant left his house and went to visit some fair but did not return and thereafter, the informant named the petitioners and other coaccused for being involved in the abduction of her son with

Patna High Court CR. MISC. No.90480 of 2025(2) dt.12-02-2026 2/3 intention of killing. Later on, the dead body of the son of the informant was found.

4. Learned counsel for the petitioners submits that petitioners are quite innocent and have falsely been implicated in this case. He further submits that from perusal of the F.I.R. it is evident that informant is not the eye witness of the alleged occurrence and only suspicion has been raised against petitioners by the informant. During course of investigation, none of the witnesses have claimed to have seen these petitioners committing the alleged occurrence. It is further submitted that the son of the informant went missing on 12/13.10.2024, but informant did not lodge any report and the written report was lodged for the first time on 17.10.2024 after recovery of dead body. Similarly situated co-accused persons, namely, Shakila Devi and Asha Devi have been granted bail by a co-ordinate Bench of this Hon'ble Court vide order dated 06.08.2025 passed in Cr. Misc. No.21451 of 2025. Petitioners claims clean antecedent and are in custody since 13.11.2024.

5. Learned A.P.P. for the State opposes the bail application of the petitioner.

6. Considering the aforesaid facts and circumstances of the case and period of custody, the bail application is allowed.

Patna High Court CR. MISC. No.90480 of 2025(2) dt.12-02-2026 3/3 Let the above named petitioners be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned District and Additional Sessions Judge- 2nd , Biharsharif, Nalanda, in connection with Harnaut P.S. Case No. 400 of 2024 (Prabhat Kumar Singh, J) Navya/- U T