Patna High Court
Vishal Kumar @ Gopi Kumar Ravi @GopiversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court held that bail could not be granted due to the gravity of the offences.
Summary
The petitioner, Vishal Kumar, was arrested in connection with a case registered under multiple sections of the B.N.S., the Information Technology (Amendment) Act, 2000 and the POCSO Act, alleged to have attempted rape. He applied for regular bail, claiming false implication, a clean antecedent, and willingness to cooperate with the trial. The State opposed the bail, emphasizing the seriousness of the offences. The Court examined the gravity of the charges and the nature of the alleged crime. Concluding that the offences were serious, the Court declined to grant bail. Consequently, the bail application was dismissed.
Issues considered
- Whether bail should be granted to the petitioner given the seriousness of the offences alleged under the B.N.S., IT Act and POCSO Act
- Whether the petitioner’s claim of false implication and clean antecedent warrants bail
Legislation cited
- B.N.S. — s. 123, 127(2), 137(1)(b), 351(3), 62, 65(1), 75(2)
- Information Technology (Amendment) Act, 2000 — s. 67(B)
- POCSO Act — s. 4, 8
Subjects
- bail
- criminal procedure
- rape
- POCSO Act
- IT Act
- serious offences
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48316 of 2025
Arising Out of PS. Case No.-205 Year-2025 Thana- DIDARGANJ District- Patna
======================================================
Vishal Kumar @ Gopi Kumar Ravi @Gopi Son of Rajeshar Das @ Rajesh
Kumar Ravi Village- Didarganj (Near Pump), Ward no.72, P.S- Didarganj,
(Katra Op), Dist- Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. Name- XXX, Daughter of Bijendra Sahni Daughter of Bijendra Sahni
Village- Didarganj (Near Pump), Ward no.72, P.S- Didarganj, (Katra Op),
Dist- Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jeetendra Narayan, Advocate
For the Opposite Party/s : Mr.Kumar Ranjit Ranjan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
7 02-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Didarganj P.S. Case No. 205/2025 registered for the offences
punishable under Sections 127(2), 137(1)(b), 123, 75(2), 65(1),
62 and 351(3) of B.N.S. and Section 67(B) of Information
Technology (Amendment) Act, 2000 and Section 4 and 8 of
POCSO Act.
3. As per the prosecution case, petitioner is alleged of
trying to commit rape with the victim.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the case. Learned
Patna High Court CR. MISC. No.48316 of 2025(7) dt.02-04-2026
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counsel further submits that he has clean antecedent and he is in
custody since 11.06.2025. 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 gravity of the offence, this Court is
not inclined to grant bail to the petitioner.
7. Accordingly, this application stands dismissed.
(Sandeep Kumar, J)
tusharika/-
U T
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