Patna High Court
Sumeer Kumar Das @ Samir Kumar DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court held that, given the petitioner's clean antecedent, the delay in filing the complaint and lack of corroborative evidence, anticipatory bail should be granted subject to prescribed conditions.
Summary
The petitioner, Sumeer Kumar Das, sought anticipatory bail in connection with a rape case (Gaura P.S. Case No. 75 of 2025) alleging that the complaint was filed three years after the alleged incident and that the charges were motivated by a financial dispute. The prosecution alleged rape, threats to circulate obscene material, and other offences under Sections 64, 318, 351 and 77 of the B.N.S. The petitioner argued he is a student with a clean record, that the complaint is delayed and lacks corroborative evidence, and that the allegations are fabricated. The State opposed the bail. The court considered the petitioner's clean antecedent, the delay in filing the complaint, and the absence of supporting evidence, and consequently granted anticipatory bail with strict conditions. The order also stipulated verification of antecedents and cancellation provisions for non‑compliance.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC in view of the allegations and the circumstances of the case.
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- rape
- Section 438 CrPC
- Section 482 B.N.S.S.
- clean antecedent
- bail conditions
- delay in complaint
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2580 of 2026
Arising Out of PS. Case No.-75 Year-2025 Thana- Gaura P.S. District- Saran
======================================================
Sumeer Kumar Das @ Samir Kumar Das Son of Chandrashekhar Das R/o
Village - Baropur, P.S.- Baniapur, District - Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anjani Parashar, Advocate
For the Opposite Party/s : Mr. Harendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner apprehends his arrest in connection with
Gaura P.S. Case No. 75 of 2025 registered for the offences
under Sections 64, 318, 351 and 77 of the B.N.S.
3. As per the prosecution case, the allegation against
the petitioner is that he took undue advantage of the informant
and committed rape upon her about four years ago.
4. Learned counsel for the petitioner submits that
from the perusal of the original complaint, on the basis of which
the present F.I.R has been registered, it would appear that the
alleged date of occurrence is said to be January, 2022, whereas
the complaint was filed in the month of April, 2025. It has
further been submitted that the petitioner has falsely been
Patna High Court CR. MISC. No.2580 of 2026(2) dt.28-01-2026
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implicated in the present case merely because he has been
demanding return of the money which was given to the
informant during the COVID period. It has next been submitted
that the petitioner is a student and has been preparing for
competitive examinations and that the present allegation of
threatening to make the obscene video and photographs viral is
wholly concocted and nothing has come on record in course of
investigation in support thereof. It has also been submitted that
the petitioner is ready and willing to cooperate in the trial. It has
lastly been submitted that the petitioner carries clean antecedent.
5. Learned APP for the State has vehemently opposed
the prayer for anticipatory bail.
6. Considering the aforesaid submission, facts and
circumstances of the case, let the petitioner above named be
released on anticipatory bail, in the event of arrest or surrender
before the learned Court below within a period of four weeks
from today, 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 Gaura P.S. Case No.
75 of 2025 subject to the conditions as laid down under Section
438(2) of the Code of Criminal Procedure read with
Patna High Court CR. MISC. No.2580 of 2026(2) dt.28-01-2026
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corresponding Section 482(2) of B.N.S.S. as well as subject to
the following conditions:-
(i) One of the bailors of the petitioner shall be his
close relative.
(ii) The petitioner shall remain physically present
in Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or
in violation of the terms of the bail, the bail bond of
the petitioner will be liable to be cancelled by the
Court concerned.
(iv) If the petitioner is found involved in similar
nature of offence in future, the prosecution shall be
at liberty to move for cancellation of his bail bond.
(v) The learned Court below shall verify the
criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has
concealed his criminal antecedent, the court below
shall take step for cancellation of bail bond of the
petitioner. However, the acceptance of bail bonds in
terms of the above-mentioned order shall not be
delayed for purpose of or in the name of
verification.
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7. Accordingly, the prayer for anticipatory bail is
allowed.
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)
aditya/-
U
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