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Patna High Court

Krishna KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                      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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