Patna High Court
Laxman KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The appellate court held that bail must be granted to the appellant as there was no specific overt act establishing his culpability and he satisfied the conditions for bail.
Summary
The appellant, Laxman Kumar, was charged with rape and related offences under Section 70(2) of the B.N.S., Sections 4 and 6 of the POCSO Act, and Sections 3(2)(iv)(v) of the SC/ST Act, after allegedly offering food to the victim and then entering the toilet where the alleged assault occurred. The trial court denied his bail application, leading him to appeal. The appellant argued that the primary allegation was against a co‑accused, that he was only accused of inappropriate touching, that the victim was 18‑19 years old, and that a similarly situated co‑accused had already been granted bail. The State opposed bail, citing the seriousness of the charges. The High Court, after hearing both sides, found no specific overt act attributable to the appellant and noted his lack of criminal antecedents, thereby allowing the appeal, setting aside the lower court’s order, and directing that he be released on bail upon furnishing a bond.
Issues considered
- Whether the appellant is entitled to bail under Section 70(2) of the B.N.S., Sections 4 and 6 of the POCSO Act, and Sections 3(2)(iv)(v) of the SC/ST Act despite the serious nature of the allegations.
- Whether the evidence against the appellant is sufficient to justify the denial of bail.
Legislation cited
Subjects
- bail
- rape
- POCSO Act
- SC/ST Act
- criminal procedure
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.5133 of 2025
Arising Out of PS. Case No.-270 Year-2025 Thana- LAHERIMUHALLA District- Nalanda
======================================================
Laxman Kumar S/O Bhola Yadav R/O Village- Gyan Gadh Matha, P.S-
Ghoshi, District -Jheanabad
... ... Appellant/s
Versus
1. The State of Bihar Bihar
2. Lali Kumari D/O Krishna Paswan R/O Village-Naisarai, P.S- Bihar, District
-Nalanda
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Pramod Kumar Sinha, Advocate
For the Respondent/s : Mr. Binay Krishna, Spl.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 10-04-2026 Heard learned counsel for the appellant and learned
Special Public Prosecutor for the State.
2. The instant appeal has been filed by the appellant
against the order dated 27.11.2025 passed by learned Additional
Sessions Judge-VI-cum Special Judge, SC/ST Court, Nalanda at
Biharsharif whereby the prayer for bail of the appellant in
connection with Laheri P.S. Case No. 270 of 2025 under Section
70(2) of B.N.S., Section 4 and 6 of the POCSO Act and Sections
3(2) (iv) (v) of SC/ST Act was rejected.
3. The case of the prosecution is that the appellant and
one Gaurav have given burger, pizza and ice-cream to the
respondent/victim. After this, it is alleged that she was taken in a
Patna High Court CR. APP (SJ) No.5133 of 2025(3) dt.10-04-2026
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toilet of Subhash Park and Gaurav has committed rape with her.
After this, the appellant came in the toilet and touched her body
inappropriately.
4. It is submitted by learned counsel for the appellant
that appellant has been falsely implicated in this case. From
perusal of the FIR, it is clear that main thrust of allegation is
against co-accused Gaurav Kumar. Only allegation against this
appellant is that he has touched the body of the victim
inappropriately. Medical board has opined that the age of the
victim is 18-19 years. It has also been submitted that similarly
situated other co-accused person has already been granted bail
by this court vide Cr. Misc. No. 76477 of 2025. The case of this
appellant stands on similar footing. Moreover, the appellant is
languishing in judicial custody since 13.06.2025 having no
criminal antecedent.
5. The appeal for bail is opposed by learned Spl. P.P.
for the State.
6. Having heard learned counsel for the parties and
taking into consideration that there is no any specific overt act
against the appellant, the Court is inclined to allow this appeal.
Accordingly, the appeal is allowed and the impugned order
dated 27.11.2025 is hereby set aside.
Patna High Court CR. APP (SJ) No.5133 of 2025(3) dt.10-04-2026
3/3
7. The appellant is directed to be enlarged on bail in
connection with Laheri P.S. Case No. 270 of 2025 on furnishing
bail bond of Rs. 10,000/- (Rs. ten thousand only) with two
sureties of the like amount each to the satisfaction of the learned
Additional Sessions Judge-VI-cum Special Judge, SC/ST Court,
Nalanda at Biharsharif.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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