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Patna High Court

Rahul KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court dismissed the bail application, refusing to grant regular bail to the petitioner.

Summary

The petitioner, Rahul Kumar, applied for regular bail in a criminal case (PS Case No. 200/2025) where he is accused, along with Anil Das and two others, of kidnapping a victim, transporting her to Jharkhand and Kolkata, and attempting rape. The offences are alleged under Sections 137 and 96(3)(5) of the B.N.S. The petitioner claimed false implication, asserted no prior criminal record, and offered to cooperate with the trial, having been in custody since 13-08-2025. The State, represented by an Additional Public Prosecutor, opposed the bail on the ground of the seriousness of the allegations. The Court, after considering the nature of the charges and the petitioner’s alleged participation in the kidnapping, declined to grant bail and dismissed the application.

Issues considered

  • Whether regular bail should be granted to the petitioner accused of kidnapping and attempted rape under Sections 137 and 96(3)(5) of the B.N.S.

Legislation cited

Subjects

  • bail
  • kidnapping
  • rape
  • regular bail
  • criminal procedure
  • accused

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3152 of 2026
                      Arising Out of PS. Case No.-200 Year-2025 Thana- JANDAHA District- Vaishali
                 ======================================================
                 Rahul Kumar S/o- Jitendra Kumar Singh Resident of Village- Salha, Ward
                 No. 11, P.s. Jandaha, District- Vaishali

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Anil Kumar Nirala S/o- Late Ram Krishna Prasad R/v- Jandaha, W.No-4,
                 Ps- Jandaha Dist- Vaishali

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Chandra Bhushan Verma, Advocate
                 For the Opposite Party/s :       Ms.Suman Kumari Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   31-03-2026                     Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. Petitioner is permitted to remove the defect(s) as

                   pointed out by the Office in course of the day.

                                3. The petitioner seeks bail in connection with

                   Jandaha P.S. Case No. 200/2025 registered for the offences

                   punishable under Sections 137, 96 3(5) of B.N.S.

                                4. As per the prosecution case, petitioner, Anil Das

                   and two persons are alleged to have kidnapped the victim and

                   thereafter they have taken the victim to Jharkhand and from

                   there the petitioner came back and Anil Das took the victim to

                   Kolkata and tried to commit rape with her.
              Patna High Court CR. MISC. No.3152 of 2026(2) dt.31-03-2026
                                                          2/2




                                     5. Learned counsel for the petitioner submits that

                        petitioner has falsely been implicated in the case. Learned

                        counsel further submits that he has no criminal antecedent and

                        he is in custody since 13.08.2025. The petitioner undertakes to

                        co-operate in the case/ trial.

                                     6. Learned APP for the State has opposed the prayer

                        for regular bail of the petitioner.

                                     7. Considering the allegations levelled against the

                        petitioner and the fact that the petitioner is accused of

                        kidnapping the victim along with main accused Anil Das and

                        two other accused persons, this Court is not inclined to grant

                        bail to the petitioner.

                                     8. Accordingly, this application stands dismissed.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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