Patna High Court
Pradeep Kumar @ Pradip KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Prima facie evidence supporting the allegations precludes the grant of bail to the appellant at this stage.
Summary
The appellant, Pradeep Kumar, was charged with offences under the Bihar Narcotic Substances Act, the SC/ST (Prevention of Atrocities) Act and the Income Tax Act for allegedly making a video of a rape. He applied for bail, which was rejected by the Exclusive Special Judge. The appellant contended his innocence and lack of material evidence, while the State and an informant opposed bail. The Patna High Court, after hearing counsel, held that the presence of prima facie witness testimony supporting the allegations precluded the grant of bail at this stage. Consequently, the bail application was dismissed, with a direction that the appellant may seek bail again if a forensic report later favours him.
Issues considered
- Whether the appellant is entitled to bail despite prima facie evidence supporting the allegations.
- Whether the allegations under the BNS Act, SC/ST (POA) Act and Income Tax Act constitute sufficient grounds to deny bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 126(2), 64(2), 70(1)
- Income Tax Act — s. 67, 67(a)
- SC/ST (Prevention of Atrocities) Act — s. 3(1)(w), 3(2)(v)
Subjects
- bail
- prima facie evidence
- SC/ST (POA) Act
- sexual offence
- video recording
- criminal procedure
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.5 of 2026
Arising Out of PS. Case No.-144 Year-2025 Thana- BACHHWARA District- Begusarai
======================================================
Pradeep Kumar @ Pradip Kumar S/o Shatrudhan Paswan @ Satrudhan
Paswan R/o Village- Gehuni, Gahuni (Kadrabad Gehuni) Ward No 1, PS-
Bhagwanpur, District- Begusarai
... ... Appellant/s
Versus
1. The State of Bihar Bihar
2. Amar Paswan S/o Late Lakshman Paswan R/o vill - Kadrabad, ward no. 12,
P.S.- Bachhwara, Distt.- Begusarai
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Sandip Kumar Gautam
For the Respondent/s : Mr.Usha Kumari 1
For the Informant : Mr. Randhir Kumar No. 01
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 23-04-2026 Heard the parties including the learned counsel for
the informant.
2. The instant appeal has been filed by the appellant
against the order dated 8.7.2025 passed by the learned Exclusive
Special Judge, SC/ST (POA) Court, Begusarai whereby the bail
application of the appellant in connection with Bachhwara P.S.
Case No. 144 of 2025 registered for the offence under Sections
126(2), 64(2), 70(1) of the BNS, under Sections 3(1)(w), 3(2)
(v) of SC/ST (POA) Act and under Sections 67, 67(a) of the I.T.
Act, was rejected.
3. The appellant is alleged to have made video of the
rape of the victim when it was being committed by the co-
Patna High Court CR. APP (SJ) No.5 of 2026(4) dt.23-04-2026
2/2
accused with her.
4. The appellant is in custody since 15.01.2026.
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 no material has come to
support the alleged crime.
6. Learned Special P.P. for the State and informant
have vehemently opposed the prayer for grant of bail to the
appellant.
7. In the opinion of this Court, prima facie when the
witnesses have supported the allegations, the appellant cannot
be granted bail at this stage.
8. Accordingly, this application is dismissed.
9. However, if the report from the FSL comes in
favour of the appellant, he may renew his prayer for bail.
(Sandeep Kumar, J)
Vikas/-
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