Patna High Court

Bajrangi Kumar @ FokanversusThe State of Bihar

Decided: 1 April 2026
Disposal: REJECTED
Bench: RAJESH KUMAR VERMA

Holding

The appeal is dismissed and the order refusing bail is affirmed.

Summary

The appellant, Bajrangi Kumar, appealed against the refusal of regular bail in a rape case registered under Section 64 of the BNS, 2023. He claimed a clean antecedent and argued that his name was not in the FIR, having been implicated only through a co‑accused’s confessional statement. The prosecution relied on the victim’s statement recorded under Section 183 of the BNSS, 2023 and a medical report confirming the rape allegation. The High Court examined the seriousness of the charge, the medical evidence, and the lack of independent material linking the appellant to the crime. Concluding that the allegations were substantiated, the court refused bail, affirmed the lower court’s order, and dismissed the appeal.

Issues considered

Whether bail should be granted to the appellant accused of rape under Section 64 of the BNS, 2023.
Whether the appellant’s inclusion in the case solely on the basis of a co‑accused’s confessional statement is sufficient to deny bail.
Whether the victim’s statement under Section 183 of the BNSS, 2023 and the medical report justify the refusal of bail.

Legislation cited

Bihar Narcotic Substances Act — s. 64

Subjects

bail
rape
Section 14(A)(2) CrPC
Section 64 BNS 2023
Section 183 BNSS 2023
medical evidence
confessional statement
SC/ST Act

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL APPEAL (SJ) No.3699 of 2025
                        Arising Out of PS. Case No.-534 Year-2024 Thana- BIKRAM District- Patna
                 ======================================================
                 Bajrangi Kumar @ Fokan S/O Ranjit Soni @ Ranjit Prasad R/O Village-
                 Bikram Koiri Tola, P.S.- Bikram, District- Patna

                                                                                   ... ... Appellant/s
                                                       Versus
           1.    The State of Bihar
           2.    Manju Devi W/O Vinay Paswan R/O Village- Nagahar, P.S.- Bikram,
                 District- Patna

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     :        Mr. Rajesh Kumar Mishra, Advocate
                 For the Respondent/s    :        Mr. Sadanand Paswan, SPP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

4   01-04-2026                    Despite valid service of notice, no one appears on

                   behalf of the Respondent No. 2.

                               2. Heard Mr. Rajesh Kumar Mishra, learned counsel

                   for the appellant as well as Mr. Sadanand Paswan, learned

                   Spl.P.P. for the State.

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

                   refusal of the prayer for regular bail by order dated 04.08.2025

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

                   Act, Civil Court (Sadar), Patna in connection with Serial Case

                   No. 287 of 2025 arising out of Bikram P.S. Case No. 534 of

                   2024, F.I.R. dated 18.12.2024 registered under Sections 64 of

                   the BNS, 2023.
Patna High Court CR. APP (SJ) No.3699 of 2025(4) dt.01-04-2026
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                       4. According to the prosecution case, this appellant

          along with other accused persons have committed rape upon the

          victim.

                       5. 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 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, namely, Kishan Kumar @ Pilla and

          except the aforesaid, no other cogent material has come during

          investigation which suggest the involvement of the appellant in

          the present occurrence.

                       6. Learned Special Public Prosecutor for the State on

          the basis of material available on record and the case diary has

          vehemently opposed the prayer for bail of the appellant and

          submits that the statement of the victim was recorded under

          Section 183 of the BNSS, 2023 in which she has categorically

          stated that this petitioner along with other accused persons have

          committed rape upon her and the same is also confirmed by her

          medical report.

                       7. Considering the nature of allegation as alleged in

          the FIR supported by the medical evidence, I am not inclined to
            Patna High Court CR. APP (SJ) No.3699 of 2025(4) dt.01-04-2026
                                                         3/3




                      enlarge the appellant on bail in connection with Serial Case No.

                      287 of 2025 arising out of Bikram P.S. Case No. 534 of 2024

                      pending in the Court of learned Exclusive Special Judge, SC/ST

                      Act, Civil Court (Sadar), Patna.

                                   8. Accordingly, the impugned order is affirmed and

                      this appeal stands dismissed.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T

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