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Patna High Court

nikhil Kumar @ Tabahi Kumar @ Chhotu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner subject to a bond and conditions of appearance.

Summary

The petitioner, Nikhil Kumar, applied for regular bail in a case involving multiple offences under the Indian Penal Code, including sections relating to kidnapping, abetment, and sexual assault. The prosecution alleged that he facilitated a co-accused in raping the victim by providing a pistol, though the primary rape charge was against the co-accused. The petitioner’s counsel argued that there is no direct allegation of rape against him, the medical report showed no signs of violence or spermatozoa, and the petitioner has been in custody for nine months. The court examined the lack of forensic evidence and the nature of the allegations against the petitioner. Considering these factors, the court ordered his release on bail with a bond of Rs. 10,000 and two sureties, subject to conditions of appearance and cooperation in the trial.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the serious nature of the offences alleged under the IPC.
  • Whether the allegations against the petitioner constitute a cognizable offence warranting denial of bail.
  • Whether the medical report and lack of forensic evidence undermine the prosecution’s case against the petitioner.

Legislation cited

Subjects

  • regular bail
  • Indian Penal Code
  • rape
  • facilitation
  • medical report
  • forensic evidence
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.68241 of 2025
                         Arising Out of PS. Case No.-31 Year-2025 Thana- ALIPUR District- Gaya
                 ======================================================
                 Nikhil Kumar @ Tabahi Kumar @ Chhotu Kumar S/o Late Rajesh Sharma
                 R/o Village- Sahwara, P.S.- Mau, District- Gaya

                                                                                   ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar Bihar
           2.    XX D/o Tuntun Paswan R/o Village- Itohri, P.S.- Alipur, District- Gaya

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Aryan Singh
                 For the Opposite Party/s :        Mrs.Usha Kumari 1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

5   04-02-2026                            Heard the learned counsel for the parties.

                                     2.       This is an application for regular bail on

                   behalf of the petitioner for the offences alleged under Sections

                   115(2), 126(2), 74, 70(2), 352, 351(3), 303(2) and 3(5) of the

                   BNS, registered in connection with Alipur P.S.Case No. 31 of

                   2025.

                                     3. As per allegation, the petitioner facilitated co-

                   accused Rikit Kumar in committing rape on the informant,

                   while she was going to attend the call of nature.

                                     4. The learned counsel for the petitioner has

                   submitted that the petitioner is innocent and has falsely been

                   implicated. There is no allegation of rape against him, rather

                   the allegation is against co-accused Rikit Kumar. The

                   allegation against the petitioner is that he was having a pistol,

                   while co-accused was committing physical relation with the

                   victim. The learned counsel has submitted further that the
           Patna High Court CR. MISC. No.68241 of 2025(5) dt.04-02-2026
                                                       2/2




                     medical report shows that no mark of violence was present,

                     neither alive spermatozoa was found. The doctor failed to give

                     his opinion mentioning that comment on recent sexual

                     intercourse cannot be made, in absence of forensic report. The

                     petitioner is in custody for a period of 09 months.

                                  5. Considering the above facts and circumstances of

                     the case, 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 learned

                     Exclusive Special Judge, POCSO-cum-District and Additional

                     Sessions Judge-VII, Gaya in connection with Alipur P.S.Case

                     No. 31 of 2025, [subject to the following condition that the

                     petitioner shall cooperate in the disposal of trial and make

                     himself available on each and every date fixed in the court

                     below, and if he fails to appear on two consecutive dates,

                     unless he is prevented by extremely adverse circumstances,

                     the court below shall be at liberty to cancel his bail bond.


                                          (Nawneet Kumar Pandey, J)

HR/-

U      T


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