Patna High Court
Subhash PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Subhash Prasad, was in custody for offences including rape under several sections of the B.N.S. He claimed he was falsely implicated due to a land dispute and that the victim, his sister, had refused a medical examination. The petitioner, who has two prior criminal records, sought regular bail and undertook to cooperate with the trial. The State opposed the bail, but the court considered the victim's refusal of medical evidence and the petitioner's assertions of false implication. Consequently, the court allowed the bail application, ordering release upon furnishing a bail bond of Rs. 10,000 with two sureties of equal amount.
Issues considered
- Whether bail should be granted in a rape case where the victim has refused medical examination
- Whether allegations of false implication and underlying land dispute justify granting bail
- Whether the petitioner's prior criminal antecedents preclude the grant of bail
Legislation cited
- B.N.S. — s. 115(2), 126(2), 3(5), 351(2), 352, 64(1)
Subjects
- bail
- rape
- false implication
- land dispute
- criminal antecedents
- victim refusal of medical examination
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.360 of 2026
Arising Out of PS. Case No.-121 Year-2025 Thana- MAHILA P.S. District- Nalanda
======================================================
Subhash Prasad S/O Late Rajendra Prasad @ Makhlu Prasad Resident of
Village - Agnubigha, P.S- Hilsa, District- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Kumar Divakar, Advocate
For the Opposite Party/s : Mr.Yogendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 24-03-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned Additional Public
Prosecutor for the State.
2. The petitioner seeks bail in connection with Mahila
P.S. Case No. 121/2025 registered for the offences punishable
under Sections 64(1), 126(2), 115(2), 352, 351(2) and 3(5) of
B.N.S.
3. As per the prosecution case, petitioner is alleged to
have committed rape with the victim.
4. Learned counsel for the petitioner submits that
petitioner who is bhaisur of the victim has falsely been
implicated in the present case. Learned counsel further submits
that due to land dispute, successive cases are being filed and
also two FIRs have been filed against the petitioner by the
Patna High Court CR. MISC. No.360 of 2026(4) dt.24-03-2026
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informant. Petitioner has two criminal antecedents and he is in
custody since 21.09.2025. The petitioner undertakes to co-
operate in the case/ trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
6. Considering the fact that the victim has refused the
medical examination and the aforesaid submissions, this
application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned S.D.J.M., Bihar Sharif, Nalanda
/concerned Court below in connection with Mahila P.S. Case
No. 121/2025.
(Sandeep Kumar, J)
tusharika/-
U T
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