Patna High Court
Kuldip Chaudhary @ Kuldeep ChoudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
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
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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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