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2026 DAILYLAW 10191 (PAT)

Krishna Kumar v. The State of Bihar

CR. MISC./29483/2026 · 2026-05-04

Rajesh Kumar Verma

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.29483 of 2026 Arising Out of PS. Case No.-4 Year-2026 Thana- MAHILA P.S. District- Saharsa ====================================================== Krishna Kumar S/O Ful Rajak R/O- New colony, ward no- 08, P.s. and District- Saharsa ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Kumar Kaushlendra, Advocate For the Opposite Party/s : Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 2 04-05-2026 Heard Mr. Kumar Kaushlendra, learned counsel for the petitioner as well as Mr. Arun Kumar Pandey, learned Additional Public Prosecutor for the State. 2. Petitioner seeks bail who is in custody since 30.01.2026 in connection with Mahila P.S. Case No. 04 of 2026, F.I.R. dated 29.01.2026 for the offences punishable under Sections 64(1), 62 and 3(5) of the Bharatiya Nyay Sanhita, 2023. 3. According to prosecution case, it is alleged that some unknown persons tried to commit rape upon the informant by luring when she went for her medical check-up in hospital. 4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He next submits that due to some Patna High Court CR. MISC. No.29483 of 2026(2) dt.04-05-2026 2/3 ulterior motive, the petitioner has been made accused in the present case. He next submits that medical examination of the victim was done only for the purpose of age determination and the victim refused for any internal examination. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in custody since 30.01.2026. 5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner. 6. Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 Principal District & Sessions Judge, Saharsa in connection with Mahila P.S. Case No. 04 of 2026, subject to the following conditions:- i. 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. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to Patna High Court CR. MISC. No.29483 of 2026(2) dt.04-05-2026 3/3 move for cancellation of bail. iii. 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 antecedent, 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. Suruchi/- (Rajesh Kumar Verma, J) U T