Patna High Court
Brajesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 115, 126, 3, 351, 352, 74, 76
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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