Patna High Court
Shubham Kumar @ Shubham Kumar Ishwar @ Abhay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail may be granted where the accused is only alleged to have been present at the incident, but must be denied where a direct allegation of rape is made against the accused.
Summary
The Patna High Court heard two bail applications arising from the same police case (Bachwara PS Case No. 131 of 2025) involving alleged offences under the Bihar Narcotic Substances Act, the POCSO Act and the SC/ST Act. In the first application, petitioner Shubham Kumar was alleged only to have been present at the scene while the rape charge was directed at a co‑accused; the court, noting the lack of a direct allegation against him and his prolonged custody since 21‑04‑2025, granted bail on a Rs.10,000 bond with two sureties. In the second application, petitioner Prakash Kumar Choudhary faced a direct allegation of rape; the court considered the seriousness of the charge and refused bail, dismissing the application. In both orders the court clarified that its observations were limited to the bail applications and did not prejudice the merits of the trial.
Issues considered
- The appropriateness of granting bail to an accused who is only alleged to have been present at the scene of a rape.
- The appropriateness of granting bail to an accused who faces a direct allegation of rape under the POCSO Act and related statutes.
Legislation cited
- Bihar Narcotic Substances Act — s. 3(5), 64
- Protection of Children from Sexual Offences (POCSO) Act — s. 4
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(2)(V), 3(i)(w)
Subjects
- bail
- rape
- POCSO Act
- SC/ST Act
- criminal procedure
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74503 of 2025
Arising Out of PS. Case No.-131 Year-2025 Thana- BACHHWARA District- Begusarai
======================================================
Shubham Kumar @ Shubham Kumar Ishwar @ Abhay Kumar Son of Vijay
Ishwar @ Vijay Kumar Ishwar R/o Village- Maranchi, PS- Bachwara,
District- Begusarai
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Geeta Devi W/o Budhan Paswan R/o vill and Post - Bachhwara, ward no.
07, P.s.- Bachhwara, Distt.- Begusarai
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 72119 of 2025
Arising Out of PS. Case No.-131 Year-2025 Thana- BACHHWARA District- Begusarai
======================================================
Prakash Kumar Choudhary S/o Prem Choudhary R/o Village - Bachhwara,
Ward No. 8, P.S - Bachhwara, District - Begusarai
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. XXXX W/o YYYY R/o Village - Bachhwara, Ward No. 7, P.S - Bachhwara,
District - Begusarai
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 74503 of 2025)
For the Petitioner/s : Mr.Arun Kumar
For the Opposite Party/s : Mr.Binay Krishna
(In CRIMINAL MISCELLANEOUS No. 72119 of 2025)
For the Petitioner/s : Mr.Rahul Singh
For the Opposite Party/s : Mr.Usha Kumari 1
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
8 14-05-2026 Re:-Criminal Miscellaneous No. 74503 of 2025
Heard learned counsel for the petitioner and
learned APP for the State.
Patna High Court CR. MISC. No.74503 of 2025(8) dt.14-05-2026
2/4
2. The petitioner seeks bail in connection with
Bachwara P.S. Case No. 131 of 2025 registered for the offence
under Sections 64, 3(5) of the BNS, under Section 4 of the
POCSO Act and under Section 3(i)(w), 3(2)(V) of the SC/ST
Act
3. As per the prosecution case, the petitioner and
other accused person is said to have committed rape with the
victim.
4. The petitioner is in custody since 21.04.2025.
5. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case and the specific allegation of committing rape is
against the co-accused Prakash Kumar Choudhary and the only
allegation levelled against the petitioner is that he was standing
at the place of occurrence.
6. Considering the nature of allegation levelled
against the petitioner and the period of custody of the petitioner,
this application is allowed.
7. 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 concerned Court below in connection with Bachwara P.S.
Patna High Court CR. MISC. No.74503 of 2025(8) dt.14-05-2026
3/4
Case No. 131 of 2025.
8. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
Re:-Criminal Miscellaneous No. 72119 of 2025
9. Heard learned counsel for the petitioner and
learned APP for the State.
10. The petitioner seeks bail in connection with
Bachwara P.S. Case No. 131 of 2025 registered for the offence
under Sections 64, 3(5) of the BNS, under Section 4 of the
POCSO Act and under Section 3(i)(w), 3(2)(V) of the SC/ST
Act
11. As per the prosecution case, the petitioner and
other accused person is said to have committed rape with the
victim.
12. The petitioner is in custody since 21.04.2025
and the specific allegation of committing rape is against this
petitioner.
13. Considering the direct allegation levelled
against the petitioner, this Court is not inclined to grant bail to
Patna High Court CR. MISC. No.74503 of 2025(8) dt.14-05-2026
4/4
the petitioner.
14. Accordingly, this application is dismissed.
15. It is, however, clarified that the observations
made herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
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