Patna High Court
Shankar GareriversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner.
Summary
Shankar Gareri was arrested in connection with Bahera Police Station Case No. 327 of 2025 for alleged attempted rape, charged under Sections 126(2), 127(2) and 64(1) of the B.N.S. The prosecution alleged that Gareri detained an informant in his house, bolted the door and attempted to rape her, prompting villagers to intervene. Gareri’s counsel contended that he is innocent, was falsely implicated, and suffered serious injuries, including fractured hands and head stitches, while also pointing out contradictory statements by the informant under Section 183 of the B.N.S.S. The petitioner has no prior criminal record and has been in judicial custody since 12 September 2025. After hearing both sides, the court considered the seriousness of the allegations, the length of custody, and the lack of antecedents, and decided to grant bail on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the accused in a case of alleged attempted rape under Sections 126(2), 127(2) and 64(1) of the B.N.S.
- Whether the contradictory statements of the informant and the petitioner’s injuries affect the bail decision.
Legislation cited
Subjects
- bail
- attempted rape
- criminal procedure
- B.N.S. sections 126 127 64
- B.N.S.S. section 183
- injury
- false implication
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13903 of 2026
Arising Out of PS. Case No.-327 Year-2025 Thana- BAHERA District- Darbhanga
======================================================
Shankar Gareri, Son of Late Ghuran Gareri, Resident of village- Bheriyahi
Tole, Benipur, PS- Bahera District -Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar Jha, Advocate
For the Opposite Party/s : Ms. Rina Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 15-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Bahera P.S. Case No. 327 of 2025 registered for the
offence punishable under Sections 126(2), 127(2) and 64(1) of
B.N.S.
3. The case of the prosecution, in short, is that the
petitioner caught the informant, dragged her into his house,
bolted the door of the house and attempted to rape her. When the
informant raised alarm, the villagers arrived.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. Learned counsel for the petitioner has submitted that there
Patna High Court CR. MISC. No.13903 of 2026(3) dt.15-04-2026
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is also a counter version of this case. On the same day, this
petitioner has filed that he was being assaulted badly by the
family members of the informant of the instant case. It has
further been submitted that from perusal of the para ‘30’ of the
case diary, it will transpire that when the petitioner was
apprehended, both of his hands were fractured and there was
stitches in his head. It has further been submitted that during
course of investigation, the informant of this case has given her
statement under Section 183 of the B.N.S.S. wherein she has
stated that the petitioner has committed rape with her whereas in
the F.I.R., she has stated that the petitioner has attempted to
commit rape. There is case and counter case between the parties
and there is also dispute between the parties. Petitioner is having
no criminal antecedent and he is languishing in judicial custody
since 12.09.2025.
5. The application for bail is vehemently opposed by
learned APP for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case as well as
period of custody, this Court is inclined to enlarge the petitioner
on bail. The above named petitioner is directed to be enlarged
on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand
Patna High Court CR. MISC. No.13903 of 2026(3) dt.15-04-2026
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only) with two sureties of the like amount each to the
satisfaction of the learned Additional Chief Judicial Magistrate-
I, Benipur, Darbhanga in connection with Bahera P.S. Case No.
327 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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