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Patna High Court

Rahul Kumar @ Rahul Raj Sharma @ Loha Singh @ Rahul RajversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The application for regular bail was dismissed as there was no ground to review the earlier order.

Summary

The petitioner, Rahul Kumar, was charged under Section 65(1) of the Bihar Narcotic Substances Act, Sections 4 and 6 of the POCSO Act, and Sections 3(1), 3(1)(w)(ii) and 3(2)(v) of the SC/ST Act for alleged sexual assault. He filed a second application for regular bail after an earlier bail denial on 17‑10‑2025. The prosecution argued that the trial was ongoing with only three of six witnesses examined. The court found no merit to revisit its earlier decision and dismissed the bail application. The petitioner also sought a court‑ordered narco‑analysis, which the judge declined, stating that such a direction cannot be given in a bail proceeding, though the petitioner may apply before the lower court.

Issues considered

  • Whether the petitioner is entitled to regular bail in the present circumstances
  • Whether the High Court can direct a narco‑analysis test of the petitioner in a bail proceeding

Legislation cited

Subjects

  • regular bail
  • narco‑analysis
  • POCSO
  • SC/ST Act
  • criminal procedure
  • bail jurisprudence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37391 of 2026
                      Arising Out of PS. Case No.-634 Year-2024 Thana- DHANARUA District- Patna
                 ======================================================
                 Rahul Kumar @ Rahul Raj Sharma @ Loha Singh @ Rahul Raj S/o Late Sri
                 Sidh Nath Sharma @ Sidhi Singh Resident of Village - Neema, Police Station
                 - Dhanarua, District - Patna

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    XXXX W/o YYYY R/o Village - Neema, Post - Nadwan, P.S - Dhanarua,
                 District - Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Nilendu Kumar Choudhary, Advocate
                 For the Opposite Party/s :      Mr.Usha Kumari 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   30-06-2026                     Heard the parties.

                                2. This is the second attempt of the petitioner for grant

                   of regular bail in connection with Dhanrua P.S. Case No. 634 of

                   2024 registered for the offence under Section 65(1) of the

                   B.N.S. and Sections 4 and 6 of the POCSO Act, Sections 3(1),

                   3(1)(w)(ii) and 3(2)(v) of the SC/ST Act. Earlier the bail

                   application of the petitioner was rejected vide order dated

                   17.10.2025 passed in Cr. Misc. No. 56624 of 2025.

                                3. As per the prosecution case, petitioner is accused of

                   committing sexual assault upon the victim.

                                4. It has been submitted by the learned counsel for

                   the petitioner that the trial is progressing and only three out of
              Patna High Court CR. MISC. No.37391 of 2026(2) dt.30-06-2026
                                                          2/2




                        six witnesses have been examined.

                                     5. Considering the aforesaid facts, this Court finds no

                        ground to review its earlier order.

                                     6. Accordingly, this application is dismissed again.

                                     7. However, learned counsel for the petitioner has

                        prayed that narco-analysis test of the petitioner may be directed

                        to be done. In my considered opinion, this Court, while

                        exercising jurisdiction in a bail proceeding, cannot direct that a

                        narco-analysis test of the petitioner be conducted. However, if

                        the petitioner files an appropriate application before the court

                        below, the court below shall consider and pass an appropriate

                        order thereon in accordance with law.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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