Patna High Court
Vishal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner subject to strict conditions, as the allegations do not preclude bail and the petitioner has a clean antecedent.
Summary
Vishal Kumar was arrested on 15 December 2025 in connection with a police case alleging offences under Sections 60 and 351(2) of the Bharatiya Nyay Sanhita, 2023, based on a complaint that he had sexual relations with the informant and refused to marry her, threatening a false case under the SC/ST Act. The petitioner argued that he has a clean antecedent, that the informant was a consenting adult, and that no offence was committed. The prosecution opposed bail, maintaining that the allegations prima facie established an offence. The court examined the material on record, noted the absence of any prior criminal record, and considered the nature of the allegations. It granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation with the trial, non‑tampering with evidence or witnesses, and verification of antecedents, with the provision that bail could be cancelled if conditions are breached. The order was pronounced by Justice Rajesh Kumar Verma of the Patna High Court.
Issues considered
- What is the applicability of bail provisions to offences under Sections 60 and 351(2) of the Bharatiya Nyay Sanhita, 2023?
- Whether the petitioner’s alleged conduct constitutes a cognizable offence warranting denial of bail?
- Whether the petitioner’s clean antecedent and the nature of the complaint justify the grant of bail?
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 351(2), 60
Subjects
- bail
- criminal procedure
- Section 60
- Section 351(2)
- Bharatiya Nyay Sanhita
- Patna High Court
- sexual offence
- false accusation
- marriage promise
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27860 of 2026
Arising Out of PS. Case No.-1284 Year-2025 Thana- DANAPUR District- Patna
======================================================
Vishal Kumar S/O Shyamu Ram R/O Village- Bibiganj Tari Godam, P.S.-
Danapur, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hafiz Shahbaz Arif, Advocate
For the Opposite Party/s : Mr. Ajay Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 27-04-2026 Heard Mr. Hafiz Shahbaz Arif, learned counsel for
the petitioner as well as Mr. Ajay Kumar Jha, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
15.12.2025 in connection with Danapur P.S. Case No. 1284 of
2025, F.I.R. dated 15.12.2025 for the offences punishable under
Sections 60 and 351(2) of the Bharatiya Nyay Sanhita, 2023.
3. According to prosecution case, the informant
alleged that on 26.10.2023 at 07.30 P.M, she met with the
petitioner. Thereafter she started talking with him and the
petitioner took him to a hotel, where he established physical
relation with her. She further alleged that on many occasions she
asked the petitioner to solemnize marriage with her but he
refused and threatened to rope her in false case of SC/St Act.
Patna High Court CR. MISC. No.27860 of 2026(2) dt.27-04-2026
2/3
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. From bare perusal of the FIR it
appears that the informant is major and with an open mind she
had made physical relation with the petitioner and petitioner did
not committ any offence as alleged in the FIR. He next submits
that petitioner had never promised the informant that he will
marry her. He further submits that the police after investigation
submitted the charge sheet against the petitioner and the
petitioner is in custody since 15.12.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned A.C.J.M.
I, Danapur in connection with Danapur P.S. Case No. 1284 of
2025, subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
Patna High Court CR. MISC. No.27860 of 2026(2) dt.27-04-2026
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reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the 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.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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