Patna High Court
Nitish KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The High Court set aside the Special Judge’s order and granted bail to the appellant.
Summary
The appellant, Nitish Kumar, was charged with rape under Section 70 of the BNS and Sections 3(1)(w)(i)(ii) of the SC/ST (POA) Act, and his bail application was rejected by the Exclusive Special Judge, SC/ST (POA) Court, Gaya. The appellant contended that he was falsely implicated, arguing that the victim’s FIR named three other persons and not him, and that two of those named accused had already been granted bail. The State opposed the bail plea. The Patna High Court, after hearing the parties, set aside the Special Judge’s order and granted bail to the appellant on the condition of a Rs.10,000 bond with two sureties. The court ordered the appellant’s release pending trial.
Issues considered
- Whether the appellant, who was not named in the FIR, is entitled to bail despite the charge-sheet filed under the BNS and SC/ST (POA) Act.
- Whether the rejection of bail by the Special Judge was justified in view of the appellant’s claim of false implication and the bail granted to co‑accused.
Legislation cited
- BNS — s. 70, 70(1)
Subjects
- bail
- rape
- SC/ST (POA) Act
- criminal procedure
- special judge
- FIR
- charge-sheet
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.110 of 2026
Arising Out of PS. Case No.-13 Year-2025 Thana- MAHILA PS District- Gaya
======================================================
Nitish Kumar Son of Late Rajkumar Yadav Resident Of Village- Bibi Peshra,
ps- Barachatty, Dist- Gaya Ji
... ... Appellant/s
Versus
1. The State of Bihar
2. Fulwa Devi Wife of Manoj Manjhi Resident Of Village- Bhaluwachak, Po-
Bhaluachatti, Ps- Barachatti, Dist- Gaya
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Ajay Kumar Sinha
Ms. Sanjana
For the Respondent/s : Mr.Usha Kumari 1
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 23-04-2026 Heard the parties.
2. The instant appeal has been filed by the appellant
against the order dated 16.12.2025 passed by the learned
Exclusive Special Judge, SC/ST (POA) Court, Gaya Ji whereby
the bail application of the appellant in connection with CIS No.
Bail Appl. Spl. Act 4448 of 2025 arising out of Mahila Thana
P.S. Case No. 13 of 2025 registered for the offence under
Sections 70 of the BNS but the police submitted charge-sheet
under Sections 70(1) of the BNS and under Sections 3(1)(w)(i)
(ii) of SC/ST (POA) Act, was rejected.
3. The appellant and others are said to have
committed rape with the victim.
4. The appellant is in custody since 7.3.2025.
5. Learned counsel for the appellant has submitted
that the appellant is innocent and has falsely been implicated in
this case. He further submits that the victim has named three
Patna High Court CR. APP (SJ) No.110 of 2026(4) dt.23-04-2026
2/2
persons in the FIR and has not named the appellant. He next
submits that out of the three named accused persons, two have
already been granted bail by a co-ordinate Bench of this Court
vide order dated 5.12.2025 passed in Cr. Misc. No. 43449 of
2025.
6. Learned Special P.P. for the State has vehemently
opposed the prayer for grant of bail to the appellant.
7. Considering the aforesaid facts, this application is
allowed and accordingly, the order dated 16.12.2025, is hereby
set aside.
8. Let the appellant be released on bail upon
furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand)
with two sureties of the like amount each to the satisfaction of
Court below/concerned Court in connection with CIS No. Bail
Appl. Spl. Act 4448 of 2025 arising out of Mahila Thana P.S.
Case No. 13 of 2025.
(Sandeep Kumar, J)
Vikas/-
U
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