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Patna High Court

Mukul KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to strict conditions.

Summary

Mukul Kumar was arrested in May 2025 on charges of kidnapping the sister of an informant and alleged sexual assault, with the charge sheet invoking Sections 137(2), 96, 75, 78, 62 of the B.N.S. and Sections 8 and 12 of the POCSO Act. The petitioner pleaded that he has a clean antecedent and that the FIR was filed three days after the alleged incident, with contradictory statements from the victim and her refusal to undergo a medical examination. The court noted the lack of medical evidence, the victim’s inconsistent statements, and the petitioner’s clean record. Considering these factors, the court granted bail on a bond of Rs. 10,000 with two sureties, imposing conditions of cooperation with the trial, presence in court, and non‑tampering with evidence. The bail order also directed verification of the petitioner’s criminal antecedents without delaying the release.

Issues considered

  • Whether bail should be granted to the accused in a kidnapping and alleged sexual assault case under the B.N.S. and POCSO Act given the circumstances of the FIR, victim’s statements, and the petitioner’s antecedents.

Legislation cited

Subjects

  • bail
  • kidnapping
  • sexual assault
  • POCSO Act
  • criminal antecedent
  • evidence tampering
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.75481 of 2025
                       Arising Out of PS. Case No.-312 Year-2025 Thana- BIDUPUR District- Vaishali
                 ======================================================
                 Mukul Kumar S/o Jay Prakash Singh R/o Village - Chandpura Saidabad, P.S -
                 Bidupur, District - Vaishali

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Vishal Kumar S/o Shivchandra Rai R/o village - Harpur Gopal, P.S -
                 Bidupur, District - Vaishali

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Vasant Vikas, Advocate
                 For the Informant        :        Mr. Abhishek Kumar, Advocate
                 For the State            :        Mr. Bhanu Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

6   25-03-2026                      Heard Mr. Vasant Vikas, learned counsel for the

                   petitioner, Mr. Abhishek Kumar, learned counsel for the

                   Informant and Mr. Bhanu Pratap Singh, learned APP for the

                   State.

                                 2. Petitioner seeks bail, who is in custody since

                   25.05.2025, in connection with Bidupur P.S. Case No. 312 of

                   2025, F.I.R. dated 05.05.2025                 registered for the offences

                   punishable under Sections 137(2), 3(5) of the B.N.S., and after

                   investigation charge sheet has been submitted against the

                   petitioner under Sections 137(2), 96, 75, 78, 62 of the B.N.S.

                   and Sections 8, 12 of the POCSO Act.

                                 3. Allegation against the petitioner is that he along
Patna High Court CR. MISC. No.75481 of 2025(6) dt.25-03-2026
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          with other co-accused persons have kidnapped the sister of the

          informant.

                       4. Learned counsel for the petitioner submits that the

          petitioner has clean antecedent and he has been falsely

          implicated in the present case.              He further submits that the

          allegation as alleged in the F.I.R. is false and fabricated and the

          petitioner has not committed any offence as alleged in the F.I.R.

          but the police after investigation submitted charge sheet under

          Sections 137(2), 96, 75, 78, 62 of the B.N.S. and Sections 8, 12

          of the POCSO Act and apart from aforesaid from perusal of the

          F.I.R. it appears that the date of occurrence as alleged in the

          F.I.R. is 02.05.2025 but the present F.I.R. was instituted on

          05.05.2025 after delay of three days without giving any

          explanation of delay.           The victim was recovered from the

          Muzaffarpur Railway Station and from perusal of the statements

          which were recorded under Sections 180 of the B.N.S.S., 2023

          as well as 183 of the B.N.S.S, 2023 which suggests that both the

          statements are contradictory to each other and apart from that

          the victim has refused for her medical examination and

          statement of the victim which was recorded under Section 183

          of the B.N.S.S,. 2023 in which she has not stated anything about

          the sexual assault. Learned counsel for the petitioner further
Patna High Court CR. MISC. No.75481 of 2025(6) dt.25-03-2026
                                            3/4




          submits that the police after investigation submitted chargesheet

          against the petitioner and the petitioner is in custody since

          25.05.2025.

                        5. Learned counsel for the Informant as well as

          learned Additional Public Prosecutor for the State, on the other

          hand, has vehemently opposed the prayer for                    bail of the

          petitioner.

                        6. Considering the facts and circumstances of the case

          and the fact that the petitioner having clean antecedent and the

          victim has refused for her medical examination and she has not

          stated anything about the sexual assault, let the petitioner, above

          named, be released on bail on furnishing bail bond of Rs.

          10,000/- (Rupees Ten Thousand) with two sureties of the like

          amount each to the satisfaction of                   learned   District &

          Additional Sessions Judge-VI-cum-Special Judge POCSO,

          Vaishali at Hajipur in connection with Bidupur P.S. Case No.

          312 of 2025, subject to the following conditions :-

                        (1) 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.
               Patna High Court CR. MISC. No.75481 of 2025(6) dt.25-03-2026
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                                      (2) If the petitioner tampers with the evidence or the

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

                         for cancellation of bail.

                                      (3) 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 antecedents, 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)
Ibrar//-

U          T


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