Patna High Court
Sandeep KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail could not be granted to the petitioner due to the heinous nature of the alleged offences.
Summary
The petitioner, Sandeep Kumar, was arrested in connection with a gang rape case (PS Case No. 386/2025) involving multiple offences under the Bihar Narcotic Substances Act, the POCSO Act and the Arms Act. He applied for regular bail, claiming false implication despite having three prior criminal antecedents and being in custody since 30‑10‑2025. The prosecution opposed bail, citing the victim’s statement that the petitioner participated in the gang rape. The court examined the seriousness of the alleged crime and the risk to the victim and society. Considering the heinous nature of the alleged offences, the court declined to grant bail. Consequently, the bail application was dismissed.
Issues considered
- Whether the petitioner is entitled to regular bail in a case involving alleged gang rape, offences under the B.N.S., POCSO Act and Arms Act.
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act — s. 3(5), 64, 70(2), 74, 75, 76
- Protection of Children from Sexual Offences (POCSO) Act — s. 6
Subjects
- bail
- gang rape
- POCSO Act
- Arms Act
- criminal procedure
- heinous crime
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.187 of 2026
Arising Out of PS. Case No.-386 Year-2025 Thana- GURUA District- Gaya
======================================================
Sandeep Kumar S/o Narendra Das Resident of village- Bara, PS- Gurua,
District- Gaya
... ... Petitioner/s
Versus
1. The State of Bihar
2. Victim X D/o Sita Yadav R/o vill - Mahmadpur, P.s.- Gurua, Distt.- Gaya
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anil Kumar Saxena, Advocate
For the Opposite Party/s : Mr.Jharkhandi Upadhyaya, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 31-03-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Gurua
P.S. Case No. 386/2025 registered for the offences punishable
under Sections 64, 74, 75, 76, 70(2), 3(5) of B.N.S., Section 6
of POCSO Act and Section 27 of Arms Act.
3. As per the prosecution case, petitioner along with
other accused persons is accused of committing gang rape with
the victim.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the case. Learned
counsel further submits that he has three criminal antecedents
and he is in custody since 30.10.2025. The petitioner undertakes
Patna High Court CR. MISC. No.187 of 2026(3) dt.31-03-2026
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to co-operate in the case/ trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner on the ground that from the
statement of the victim girl, it appears that the petitioner and
others have committed gang rape with the victim.
6. Considering the heinous crime committed by the
petitioner, this Court is not inclined to grant bail to the
petitioner.
7. Accordingly, this application stands dismissed.
(Sandeep Kumar, J)
tusharika/-
U T
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