Raju Das @ Raju kumarversusThe State of Bihar

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                            CRIMINAL MISCELLANEOUS No.66410 of 2025
               Arising Out of PS. Case No.-246 Year-2024 Thana- DALSINGHSARAI District- Samastipur
               ======================================================
               Raju Das @ Raju kumar Son of Naresh das Resident of Vill. - Gado Bajidpur,
               P.S. - Dalshinghsarai, Dist. - Samastipur.             ... ... Petitioner/s
                                                    Versus
          1.    The State of Bihar
          2.    Nitish Kumar Son of Ramdayal Singh Resident of Village- Basarhiya, P.S.-
                Dalsinghsarai, Samastipur
                                                                  ... ... Opposite Party/s
               ======================================================
               Appearance :
               For the Petitioner/s     :      Mr. Sheo Kumar Prasad, Advocate
               For the Opposite Party/s :      Mr. Bishweshwar Ram, APP
               ======================================================
               CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                     ORAL ORDER

3 19-03-2026                 Despite valid service of notice, no one appeared on

               behalf of Opposite Party No.2.

                             2. Heard Mr. Sheo Kumar Prasad, learned counsel for

               the petitioner as well as             Mr. Bishweshwar Ram, learned

               Additional Public Prosecutor for the State.

                            3. Petitioner seeks bail who is in custody since

               25.06.2025 in connection with Dalsinghsarai P.S. Case No. 246 of

               2024, F.I.R. dated 29.07.2024 for the offences punishable under

               Sections 76, 115(2), 109, 123, 3(5), 238 of the Bharatiya Nyay

               Sanhita, 2023 and 8, 12 of the POCSO Act.

                           4. According to prosecution case, the informant alleged

               that the petitioner along with other co-accused persons took her the

               sister of the informant out from the house and committed rape with

               her and in order to destroy evidence gave poison to the victim.
Patna High Court CR. MISC. No.66410 of 2025(3) dt.19-03-2026
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                   5. Learned counsel for the petitioner submits that

      petitioner has clean antecedent and he has falsely been implicated

      in the present case. He further submits that the allegation as

      alleged in the F.I.R. is false and fabricated and the petitioners has

      not committed any offences as alleged in the F.I.R and for the

      same set of allegation, co-accused, Abhishek Das @ Abhishek

      Kumar has been granted the privilege of bail by the co-ordinate

      Bench of this Court vide order dated 16.09.2025 in Cr. Misc. No.

      46741 of 2025. He further submits that the police after

      investigation submitted the charge sheet against the petitioner and

      the petitioner is in custody since 25.06.2025.

                   6. The learned Additional Public Prosecutor has

      vehemently opposed the prayer for bail of the petitioner.

                   7. Considering the aforesaid facts and circumstances and

      the fact that similarly situated co-accused person has been granted

      the privilege of bail by the co-ordinate Bench of this Court, let the

      petitioner, above named, be released on bail on furnishing bail

      bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like

      amount each to the satisfaction of the learned Additional Sessions

      Judge-VI-cum-Special court (POCSO), Samastipur in connection

      with Dalsinghsarai P.S. Case No. 246 of 2024, subject to the

      following conditions:-
            Patna High Court CR. MISC. No.66410 of 2025(3) dt.19-03-2026
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                                i. Petitioner shall co-operate in the trial and shall be

                   properly represented on each and every date fixed by the court

                   and shall remain physically present as directed by the court and

                   on his absence on two consecutive dates without sufficient

                   reason, his bail bond shall be cancelled by the Court below.

                                ii. If the petitioner tampers with the evidence or the

                   witnesses, in that case, the prosecution will be at liberty to move

                   for cancellation of bail.

                               iii. And further condition that the court below shall

                  verify the criminal antecedent of the petitioner and in case at any

                  stage it is found that the petitioner has concealed his criminal

                  antecedent, the court below shall take step for cancellation of bail

                  bond of the petitioner. However, the acceptance of bail bonds in

                  terms of the above-mentioned order shall not be delayed for

                  purpose of or in the name of verification.




                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T