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Patna High Court

Gajendra Kumar ModiversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

The appeal is dismissed; the order refusing bail to the appellant is affirmed.

Summary

The appellant, Gajendra Kumar Modi, was charged under Sections 191(2), 126, 115(2) and 103 of the Bihar Narcotic Substances Act, 2023 and Sections 3(1)(r)(s) and 3(2)(v) of the SC/ST (Prevention of Atrocities) Act for alleged rape and murder of a victim. He appealed the Special Judge's refusal to grant regular bail, claiming a clean antecedent and that his name was added only on the basis of a co‑accused's confession, with no other material linking him to the crime. The State and the second respondent opposed bail, relying on the co‑accused's confession that all accused, including the appellant, participated in the offences. The High Court, after considering the seriousness of the allegations and the evidential record, declined to enlarge bail and affirmed the lower court's order. Consequently, the appeal was dismissed.

Issues considered

  • What is the adequacy of the evidential material linking the appellant to the alleged rape and murder?
  • Whether the appellant is entitled to regular bail under Section 14(A)(2) of the SC/ST (PoA) Act given the nature of the offences.
  • Whether the co‑accused's confession suffices to justify denial of bail to the appellant.

Legislation cited

Subjects

  • bail
  • rape
  • murder
  • SC/ST (Prevention of Atrocities) Act
  • special judge
  • appeal
  • criminal procedure
  • false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.2353 of 2025
                      Arising Out of PS. Case No.-296 Year-2024 Thana- DHAMDAHA District- Purnia
                 ======================================================
                 Gajendra Kumar Modi S/O Bhola Modi Resident Of Village- Balutol
                 Durgapur, P.S.- Sarsi, District- Purnea

                                                                                   ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Manorma Devi W/O Akhlesh Rajak R/O Vill.- Kukron, Ward no. 7, P.s.-
                 Dhamdaha, Dist.- Purnea.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. N.K. Agrawal, Sr. Advocate
                                                  Mr. Bidhu Ranjan, Advocate
                 For the Respondent/s    :        Mr. Sadanand Paswan, SPP
                 For the Resp. No. 2     :        Mr. Sita Ram Prasad, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

7   23-04-2026                   Heard Mr. N.K. Agrawal, learned senior counsel for

                   the appellant, Mr. Sita Ram Prasad, learned counsel for the

                   Respondent No. 2 as well as Mr. Sadanand Paswan, learned

                   Spl.P.P. for the State.

                                2. This is an appeal under Sections 14(A)(2) against

                   refusal of the prayer for regular bail by order dated 07.03.2025

                   passed by the learned Court of Special Judge, SC/ST Act,

                   Purnea in connection with Dhamdaha P.S. Case No. 296 of

                   2024, F.I.R. dated 01.12.2024 registered under Sections 191(2),

                   126, 115(2) and 103 of the BNS, 2023 and Sections 3(1)(r)(s)

                   and 3(2)(v) of the SC/ST (PoA) Act.

                                3. According to the prosecution case, this appellant
Patna High Court CR. APP (SJ) No.2353 of 2025(7) dt.23-04-2026
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          along with other accused persons have committed rape upon the

          victim one by one and killed her by strangulating her.

                       4. Learned counsel for the appellant submits that

          appellant has clean antecedent and he has falsely been

          implicated in the present case. He further submits that the

          appellant was not named in the FIR and his name has been

          transpired during investigation on the basis of confessional

          statement of the co-accused and except the aforesaid, no other

          cogent material has come during investigation which suggest the

          involvement of the appellant in the present occurrence. The

          allegation as alleged in the FIR is false and fabricated and the

          appellant has not committed any offence as alleged in the FIR.

                       5. Learned Special Public Prosecutor for the State as

          well as learned counsel for the Respondent No. 2 on the basis of

          material available on record and the case diary have vehemently

          opposed the prayer for bail of the appellant and submits that the

          co-accused has confessed his guilt that he along with other

          accused persons including the appellant have committed rape

          upon the victim and thereafter, they have killed the victim. The

          bail application of the co-accused, namely, Dablu Yadav @

          Dablu Kumar has been rejected by a Co-ordinate Bench of this

          Court vide order dated 13.11.2025 passed in Cr. App. (SJ) No.
            Patna High Court CR. APP (SJ) No.2353 of 2025(7) dt.23-04-2026
                                                         3/3




                      2086 of 2025.

                                   6. Considering the nature of allegation as alleged in

                      the FIR as well as the investigation, I am not inclined to enlarge

                      the appellant on bail in connection with Dhamdaha P.S. Case

                      No. 296 of 2024 pending in the Court of learned Special Judge,

                      SC/ST Act, Purnea.

                                   7. Accordingly, the impugned order is affirmed and

                      this appeal stands dismissed.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


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