Created by Fuzzy Cloud

Patna High Court

Jitendra PrasadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioners subject to conditions under Section 482 of the BNSS.

Summary

The petitioners, Jitendra Prasad and Pawan Kumar, applied for anticipatory bail in a rape case (Bairiya PS Case No. 201 of 2025) alleged under Sections 74, 64, 126(2) and 118(1) of the Bharatiya Nyaya Sanhita. They contended that the complaint was filed after an undue delay of over four months, that the allegations were false and stemmed from a land‑dispute, and that there was no injury report or other evidence against them, nor any criminal antecedent. The State opposed the bail, arguing that the petitioners were powerful, that the police were complicit, and that the delay should not prejudice the prosecution. The Court, noting the delayed filing, lack of substantive evidence, and the petitioners’ clean record, exercised its power under Section 482 of the BNSS to grant anticipatory bail subject to strict conditions, including surety, presence in court, and verification of antecedents. The order clarified that its observations would not affect the trial.

Issues considered

  • Whether anticipatory bail can be granted in a rape case where the complaint was filed after a delay of more than four months
  • Whether the absence of an injury report and lack of substantive evidence justify granting bail
  • Whether the petitioners' claim of false implication and absence of criminal antecedent warrant bail
  • Whether Section 482 of the Bharatiya Nyaya Sanhita empowers the court to grant anticipatory bail in such circumstances

Legislation cited

Subjects

  • anticipatory bail
  • rape
  • delay in filing
  • false implication
  • land dispute
  • criminal antecedent
  • Section 482
  • Bharatiya Nyaya Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2524 of 2026
                   Arising Out of PS. Case No.-201 Year-2025 Thana- BAIRIYA District- West Champaran
                 ======================================================
           1.     Jitendra Prasad Son of Late Jagnath Prasad Resident of village- Dumariya
                  PS -Bairiya District -West Champaran
           2.    Pawan Kumar @ Pavan Kumar son of Late Lagan Prasad Resident of
                 village- Dumariya PS -Bairiya District -West Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sujeet Kumar, Advocate
                 For the Opposite Party/s :       Mr. Lalan Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   28-01-2026                  Heard learned counsel for the petitioners, informant

                   and the learned APP on behalf of the State.

                                2. The petitioners seek bail in anticipation of their

                   arrest in connection with Bairiya P.S. Case No. 201 of 2025

                   dated 29.05.2025 instituted for the offences punishable under

                   Sections 74, 64, 126(2) and 118(1) of the Bharatiya Nyaya

                   Sanhita.

                                3. As per the prosecution case, allegation against the

                   petitioners is that they entered into the house of the informant

                   and committed rape upon her.

                                4. Learned counsel for the petitioners submits that the

                   present case has been lodged on the basis of a complaint petition
Patna High Court CR. MISC. No.2524 of 2026(2) dt.28-01-2026
                                            2/4




          filed on 05.01.2025 which was registered as Bairiya P.S. Case

          No. 201 of 2025. It has been submitted that from perusal of the

          complaint it would be evident that the alleged date of

          occurrence is said to be 05.01.2025, however the complaint was

          filed on 13.05.2025 with a statement that initially the police was

          informed, but they were in connivance with the petitioners and

          hence the case could not be lodged earlier.

                       5. Learned counsel for the petitioner further submits

          that the petitioners and the informant are immediate agnates and

          they have falsely been implicated in this case merely to settle

          personal score which arose on account of land dispute. It is next

          submitted that no explanation whatsoever has been given with

          regard to the delayed filing of the complaint initially and during

          the investigation barring the statement of the informant, there is

          nothing on record to suggest any evidence against the

          petitioners. It has also been submitted that no injury report is

          referred to by the learned Special Judge while dismissing the

          application for bail. It has lastly been submitted that the

          petitioners have no criminal antecedent.

                       6. Learned counsel for the informant as well as

          learned APP appearing on behalf of the State have vehemently

          opposed the prayer for anticipatory bail of the petitioners and
Patna High Court CR. MISC. No.2524 of 2026(2) dt.28-01-2026
                                            3/4




          have submitted that the petitioners are very powerful and they in

          connivance with the police did not let an FIR be lodged in the

          present matter on the date of occurrence and ultimately after

          several complaints the present complaint was filed on

          13.05.2025. It is further submitted that there was an assault on

          05.01.2025 for which the informant had gone for treatment at

          the hospital, however they do not dispute the fact that no

          reference of any rape is there in the said prescription of

          05.01.2025.

                       7. Considering the aforesaid submissions and taking

          into account the background facts of the case and especially the

          fact that the case of such heinous nature has been lodged after a

          delay of more than four months, the petitioners are directed to

          be released on bail, in the event of their arrest or surrender

          before the court below within a period of four weeks from the

          date of receipt/production of a copy of this order, on their

          furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand)

          each with two sureties of the like amount each to the satisfaction

          of the learned Judicial Magistrate, Bettiah, West Champaran in

          connection with Bairiya P.S. Case No. 201 of 2025, subject to

          the conditions as laid down under Section 482 of the BNSS and

          subject to the following conditions:-
            Patna High Court CR. MISC. No.2524 of 2026(2) dt.28-01-2026
                                                        4/4




                                   (i) One of the bailors will be a close relative of the

                      petitioners;

                                   (ii) the petitioners will remain present on each and

                      every date fixed by the Court below, if so required by the

                      learned Trial Court;

                                   (iii) in case of absence on two consecutive dates or in

                      violation of the terms of the bail, the bail bonds of the

                      petitioners will liable to be cancelled by the Court concerned;

                                   (iv) the Court below shall verify the criminal

                      antecedent of the petitioners and in case at any stage, it is found

                      that the petitioners have concealed their criminal antecedent, the

                      court below shall take step for cancellation of bail bonds of the

                      petitioners. However, the acceptance of bail bonds in terms of

                      the above mentioned order shall not be delayed for purpose of

                      the same on in the name of verification.

                                   8. It is made clear that the observations, if any, made

                      in this order, shall be of no bearing during the trial.



                                               (Sourendra Pandey, J)
krishna/-

U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.