IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9034 of 2026 Arising Out of PS. Case No.-250 Year-2025 Thana- JALALPUR District- Saran ====================================================== Ashutosh Kumar @ Ashutosh Kunwar Son of Late Arun Kumar @ Arun Kunwar R/o - Village - Kishunpur, P.S.- Jalalpur, District - Saran. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anjani Parashar, Advocate For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 2 06-02-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 126 (2), 127 (2), 115 (2), 118 (1), 109, 76, 303 (2), 351 (2) and 3 (5) of the BNS. 3. The case of the prosecution is that the petitioner, Ashutosh Kumar along with three others surrounded the daughter of the informant and started taking her towards the ‘jungle’. When the daughter of the informant objected, it is alleged that this petitioner started disrobing her and when she raised alarm, co- accused Avinash Kunwar assaulted her with a ‘farsa’. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that a bare perusal of the First Information Report, would show that the Patna High Court CR. MISC. No.9034 of 2026(2) dt.06-02-2026 2/2 genesis of the occurrence is that four persons, two of whom are own brothers had surrounded the girl and were allegedly taking her towards a ‘jungle’. It is also submitted that the specific allegation against the petitioner is that he disrobed the victim of this case. It has further been submitted that Avinash Kunwar on whom there was allegation of assault has been granted bail by the Court vide Cr. Misc. No.88815 of 2025. The case of this petitioner stands on better footing. Moreover, the petitioner is languishing in judicial custody since 10.12.2025. 5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail. 6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Jalalpur P.S. Case No. 250 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra. durgesh/- (Ashok Kumar Pandey, J) U T