Patna High Court
Krishna KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail is granted to the petitioner subject to a bond of Rs.10,000 and specified conditions.
Summary
Krishna Kumar was arrested on 30 January 2026 in connection with Mahila P.S. Case No. 04 of 2026, based on an FIR alleging his involvement in an attempted rape of a woman who had gone for a medical check‑up. The petitioner claimed he had a clean antecedent, was falsely implicated, and that the victim had only consented to an age‑determination examination, refusing any internal examination. The prosecution opposed bail, invoking the seriousness of the offences under Sections 64(1), 62 and 3(5) of the Bharatiya Nyay Sanhita, 2023. The court, after considering the submissions, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, presence in court, and non‑tampering with evidence or concealment of antecedents. The bail order also directed that verification of the petitioner’s criminal record should not delay the acceptance of the bond.
Issues considered
- What is the appropriate discretion of the court in granting bail for offences punishable under Sections 64(1), 62 and 3(5) of the Bharatiya Nyay Sanhita, 2023?
- Whether the petitioner’s claim of a clean antecedent and false implication warrants bail despite the seriousness of the alleged attempted rape?
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 3(5), 62, 64(1)
Subjects
- bail
- attempted rape
- criminal procedure
- Bharatiya Nyay Sanhita
- antecedent verification
- evidence tampering
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29483 of 2026
Arising Out of PS. Case No.-4 Year-2026 Thana- MAHILA P.S. District- Saharsa
======================================================
Krishna Kumar S/O Ful Rajak R/O- New colony, ward no- 08, P.s. and
District- Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Kaushlendra, Advocate
For the Opposite Party/s : Mr. Arun Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 04-05-2026 Heard Mr. Kumar Kaushlendra, learned counsel
for the petitioner as well as Mr. Arun Kumar Pandey, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
30.01.2026 in connection with Mahila P.S. Case No. 04 of 2026,
F.I.R. dated 29.01.2026 for the offences punishable under
Sections 64(1), 62 and 3(5) of the Bharatiya Nyay Sanhita,
2023.
3. According to prosecution case, it is alleged that
some unknown persons tried to commit rape upon the informant
by luring when she went for her medical check-up in hospital.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. He next submits that due to some
Patna High Court CR. MISC. No.29483 of 2026(2) dt.04-05-2026
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ulterior motive, the petitioner has been made accused in the
present case. He next submits that medical examination of the
victim was done only for the purpose of age determination and
the victim refused for any internal examination. He further
submits that the police after investigation submitted the charge
sheet against the petitioner and the petitioner is in custody since
30.01.2026.
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 Principal
District & Sessions Judge, Saharsa in connection with Mahila
P.S. Case No. 04 of 2026, 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
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
Patna High Court CR. MISC. No.29483 of 2026(2) dt.04-05-2026
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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/-
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