Patna High Court
Vinay KumarversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court refused bail, affirming the lower court’s order and dismissing the appeal.
Summary
The appellants, Vinay Kumar and Ajay Kumar, appealed against the refusal of regular bail in a case where they were accused of gang‑rape in an ambulance, an offence alleged under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. They contended that they have clean antecedents and were falsely implicated, claiming the FIR was fabricated. The State, represented by the Special Public Prosecutor, relied on the victim’s statement recorded under Section 183 of the Bihar Narcotic Substances Act, 2023, and a medical report indicating sexual exploitation by the accused. The trial court had denied bail, and the appellants sought relief under Section 14(A)(ii) of the SC/ST Act. The High Court, after considering the seriousness of the allegation, the victim’s corroborative statement and medical evidence, declined to enlarge bail. Consequently, the appeal was dismissed and the lower court’s order affirmed.
Issues considered
- Whether bail should be granted to the accused under the SC/ST Act in a gang‑rape case.
- Whether the allegations against the appellants are false and merit bail.
- Whether the victim’s statement under Section 183 of the B.N.S. Act, 2023 and the medical report justify denial of bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 183, 3(5), 70(1)
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 14(A)(ii), 3(1)(r), 3(2)(v)
Subjects
- bail
- SC/ST Act
- gang rape
- false implication
- victim statement
- medical evidence
- appeal
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4073 of 2025
Arising Out of PS. Case No.-537 Year-2025 Thana- BODHGAYA District- Gaya
======================================================
1. Vinay Kumar son of Ayodhya Mahto Resident Of Village- chanda, Ps-
Telhara, dist- Nalanda
2. Ajit Kumar Son of Bihari Jamadar Resident Of Village- chanda, Ps- Telhara,
dist- Nalanda
... ... Appellant/s
Versus
1. The State of Bihar
2. X Daughter of Jatu Bharti Resident Of Village- Ekamba, Ps- Korhi, dist-
Gaya
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ajay Kumar Thakur, Advocate
For the State : Mr. Sadanand Paswan, Spl. P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 01-04-2026 Despite of entered appearance on behalf of
Respondent No. 2, no one appears on behalf of Respondent No.
2.
2. Heard Ajay Kumar Thakur, learned counsel
appearing for the appellants and Mr. Sadanand Paswan, learned
Special Public Prosecutor for the State.
3. This is an appeal under Sections 14(A)(ii) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act (hereinafter referred to as the “SC/ST Act”)
against the refusal of prayer for regular bail vide order dated
29.08.2025 passed by the learned Exclusive Special Judge,
Patna High Court CR. APP (SJ) No.4073 of 2025(4) dt.01-04-2026
2/3
SC/ST (POA) Court, Gayaji in connection with Bodhgaya P.S.
Case No. 537 of 2025, F.I.R. dated 25.07.2025 registered under
Sections 70(1), 3(5) of the B.N.S., 2023 and later on Sections
3(1)(r((s)(w), 3(2)(v) of the SC/ST Act were added.
4. Allegation against the petitioners is that they along
with other two co-accused persons have committed gang rape in
the ambulance while the victim was being taken to medical
college.
5. Learned counsel for the appellant submits that the
appellants have clean antecedents and they have been falsely
implicated in the present case. He further submits that the
allegation as alleged in the F.I.R. is false and fabricated and the
appellants have not committed any offence as alleged in the
F.I.R. and the appellants have been made accused due to ulterior
motive.
6. Learned Special Public Prosecutor for the State, on
the other hand, on the basis of material available on record and
case diary, vehemently opposed the prayer for bail of the
appellants and submits that the statement of victim was recorded
under Section 183 of the B.N.S.S., 2023 in which she has fully
supported the case of the prosecution and apart from that the
medical report of the victim also suggests that she has been
Patna High Court CR. APP (SJ) No.4073 of 2025(4) dt.01-04-2026
3/3
sexually exploited by the appellants and other co-accused
persons.
7. Considering the nature of allegation against the
appellants supported by the victim as well as the medical
evidence, I am not inclined to enlarge the appellants on bail in
connection with Bodhgaya P.S. Case No. 537 of 2025 pending
in the Court of learned Exclusive Special Judge, SC/ST (POA)
Court, Gayaji.
8. Prayer is refused.
9. Accordingly, the impugned order is affirmed and
this appeal stands dismissed.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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