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Patna High Court

Kuldip Chaudhary @ Kuldeep ChoudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to conditions prescribed under Section 480(3) of the BNSS.

Summary

Kuldip Chaudhary was arrested in connection with a case registered under Sections 64(1) and 62 of the BNS, alleged to have attempted rape and sexually assaulted the informant. The petitioner claimed he was falsely implicated, citing a prior dispute with the informant’s family and a clean antecedent, and argued that the prosecution’s version was improbable given the age gap. The State opposed bail, emphasizing the specific allegations. The court, after considering the charge sheet, the petitioner’s clean record, and the length of custody, ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 480(3) of the BNSS and additional personal surety requirements. The bail order also stipulated attendance at court dates and cancellation of bail upon repeated non‑appearance.

Issues considered

  • Whether bail should be granted to the accused in a case under Sections 64(1) and 62 of the BNS considering the nature of the allegations and the petitioner’s claim of false implication.

Legislation cited

  • BNS — s. 62, 64(1)
  • BNSS — s. 480(3)

Subjects

  • bail
  • false implication
  • sexual assault
  • criminal procedure
  • Section 64(1) BNS
  • Section 62 BNS
  • Section 480(3) BNSS
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3409 of 2026
                      Arising Out of PS. Case No.-290 Year-2025 Thana- MOHANPUR District- Gaya
                 ======================================================
                 Kuldip Chaudhary @ Kuldeep Choudhary S/o Girgiri Choudhary @ Nanhak
                 Chaudhary R/o Village - Imamganj, P.S - Mohanpur, District - Gaya

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Abhay Kumar Singh, Adv.
                 For the Opposite Party/s :      Mr.Rabindra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   28-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. In the present case, the petitioner seeks bail in

                   connection with Mohanpur P.S. Case No. 290 of 2025,

                   registered for the offences under Sections 64(1) and 62 of the

                   BNS.

                                3. As per the prosecution case, the petitioner tried to

                   commit rape with the informant and sexually assaulted her.

                                4. Learned counsel appearing on behalf of the

                   petitioner submits that the petitioner has been falsely implicated

                   in this case. There is case and counter version. The petitioner

                   has lodged a case against the family members of the informant

                   who assaulted the petitioner causing injuries to him. The

                   prosecution story appears improbable considering the age gap
Patna High Court CR. MISC. No.3409 of 2026(2) dt.28-01-2026
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          between the petitioner and the informant. Both of them reside in

          same locality and to settle previous dispute this false case has

          been lodged. Investigation has been completed and charge sheet

          has been filed. The petitioner is having clean antecedent and he

          is in custody since. 03.08.2025.

                       5. Learned APP appearing for the State opposes the

          submission made on behalf of the petitioner. Learned APP

          submits that there is specific allegation against the petitioner.

                       6. Having regard to the fact and circumstances and

          submission made on behalf of the parties and considering the

          submission of charge sheet, period of custody and clean

          antecedent of the petitioner, the petitioner is directed to be

          released on bail, on furnishing bail bonds of Rs.10,000/-

          (Rupees Ten Thousand Only) each with two sureties of the like

          amount each to the satisfaction of learned ACJM-II,

          Gaya/concerned court, in connection with Mohanpur P.S. Case

          No. 290 of 2025, subject to the condition laid down under

          Section 480(3) of the BNSS and other following conditions:

                                  (i) One of the bailors will be a close

                                  relative of the petitioner.

                                  (ii) The petitioner will remain present on

                                  each and every date fixed by the court
             Patna High Court CR. MISC. No.3409 of 2026(2) dt.28-01-2026
                                                         3/3




                                               below, if so required by the learned trial

                                               court.

                                               (iii) In case of absence on three

                                               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.



                                                 (Arun Kumar Jha, J)
Anuradha/-

U      T


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