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Patna High Court

Brajesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court allowed the application for regular bail.

Summary

The petitioner, Brajesh Kumar, was arrested in connection with a case registered under several sections of the Bharatiya Nyaya Sanhita, 2023, including offences of molestation. He had been in custody since 1 January 2026 and claimed to be innocent with no prior criminal record. The petitioner applied for regular bail, while the State opposed the relief. The Court examined the nature of the charges, the period of detention and the petitioner’s clean antecedent, and concluded that bail could be granted. Accordingly, the Court ordered his release on a bail bond of Rs 10,000 with two sureties of the same amount, emphasizing that the order is prima facie and does not prejudice the trial.

Issues considered

  • Whether regular bail should be granted to the petitioner accused under sections 126(2), 115(2), 74, 76, 352, 351(2)(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023?

Legislation cited

Subjects

  • regular bail
  • Bharatiya Nyaya Sanhita
  • molestation
  • criminal procedure
  • surety
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19908 of 2026
                         Arising Out of PS. Case No.-1 Year-2026 Thana- Vasudeva District- Buxar
                 ======================================================
                 Brajesh Kumar S/o Late Bhikhar Mahto Resident of village - Rampur, P.S -
                 Basudeva, District - Buxar

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Arvind Kumar Pradhan
                 For the Opposite Party/s :        Mr.Ram Sevak Choudhary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   01-04-2026                  Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Basudeva P.S. Case No. 01 of 2026 registered for the offence

                   under Section(s) 126(2), 115(2), 74, 76, 352, 351(2)(3) and 3(5)

                   of the Bharatiya Nyaya Sanhita, 2023.

                                3. As per the prosecution case, the petitioner is

                   accused of molesting the victim.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has not committed any offence.

                   Petitioner is in custody since 01.01.2026 and has no criminal

                   antecedent.

                                5. Learned A.P.P. for the State has vehemently

                   opposed the prayer for bail.
            Patna High Court CR. MISC. No.19908 of 2026(2) dt.01-04-2026
                                                        2/2




                                   6. Considering the aforesaid facts and circumstances

                      and the period of custody, this application for regular bail is

                      allowed.

                                   7. Accordingly, let the petitioner, above named, be

                      released on bail on furnishing bail bonds of Rs. 10,000/- (Ten

                      Thousand) with two sureties of the like amount each to the

                      satisfaction of the learned Court below where the case is

                      pending/successor Court in connection with Basudeva P.S. Case

                      No. 01 of 2026.

                                   8. It is made clear that any observation made herein is

                      prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                 (Sandeep Kumar, J)
Shishir/-

U


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