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Patna High Court

Sushil KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied to the petitioner.

Summary

The petitioner, Sushil Kumar, sought anticipatory bail fearing arrest in a case registered under Sections 64(1) and 3(5) of the B.N.S. The prosecution alleged that on 4 August 2024 the petitioner, with two friends, threatened an informant to withdraw a previously filed case and subsequently raped her. The petitioner pleaded innocence, claiming false implication, while the State highlighted the specific accusations and the petitioner's prior criminal record. The court examined the gravity of the alleged offences, the direct nature of the accusations, and the petitioner’s antecedent. Considering these factors, the court rejected the petition for anticipatory bail.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner given the specific accusations of rape and threat, the seriousness of the offences under the B.N.S., and the petitioner’s criminal antecedent.

Legislation cited

Subjects

  • anticipatory bail
  • rape
  • criminal antecedent
  • specific accusation
  • bail jurisprudence
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.61809 of 2025
                     Arising Out of PS. Case No.-355 Year-2024 Thana- BATHNAHA District- Sitamarhi
                 ======================================================
                 Sushil Kumar S/O Naresh Mahato Resident of Village - Supaina, P.S. -
                 Bathnaha, District - Sitamarhi

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Dinesh Jha, Advocate
                 For the State           :        Mr. Murli Dhar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   08-01-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 64(1) and

                   3(5) of the B.N.S..

                                3. As per prosecution case, informant alleged that on

                   04.08.2024 at about 10:25 AM, while she was working in the

                   field, in the meantime, this petitioner, along with his two

                   friends, came there and started threatening the informant to

                   withdraw the case earlier filed by her and later on, committed

                   rape upon her.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that petitioner is quite innocent and has

                   committed no offence. Petitioner has falsely been implicated in
             Patna High Court CR. MISC. No.61809 of 2025(4) dt.08-01-2026
                                                         2/2




                       this case with ulterior motive.

                                    5. On the other hand, learned A.P.P. for the State has

                       vehemently opposed the prayer for grant of anticipatory bail to

                       the petitioner and submitted that petitioner is named in the F.I.R.

                       with specific accusation that he threatened the informant to

                       withdraw the case earlier lodged by her and committed rape

                       upon her. Petitioner has got one criminal antecedent.

                                    6. Considering the facts and circumstances of the

                       case, specific and direct nature of accusation, gravity of offence

                       and criminal antecedent of the petitioner, the prayer for grant of

                       anticipatory bail to the petitioner is rejected.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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